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SCA/6359/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6359 of 2009
=========================================================
UPENDRA
SHANABHAI SONI - Petitioner(s)
Versus
GULABCHAND
CHAMPAKLAL KANKARIA & 1 - Respondent(s)
=========================================================
Appearance :
MR
SN SHELAT Sr. Advocate with MR SJ GAEKWAD for Petitioner(s):1,
MR
MIHIR JOSHI with MR PARTHIV B SHAH for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 20/01/2011
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed to quash and set
aside the impugned order dated 28.04.2009 passed by the learned 3rd
Additional Senior Civil Judge, Anand below application Exh.48 in
Special Civil Suit No. 98 of 2008.
2.
Mr. Joshi, learned counsel appearing with Mr. Shah, for the
respondents state that in view of the order dated 13.01.2011 passed
in Special Civil Application No. 11441 of 2010, the respondents do
not press the amendment application filed for introducing the counter
claim in the written statement, with a liberty to file a separate
suit on the same cause of action.
3. In
view of the aforesaid statement, the impugned order passed below
application Exh. 48 is set aside. The amendment carried out pursuant
to the order passed in the written statement shall be deemed to have
been deleted from the written statement.
4. With
the above observations, the petition stands disposed of. Rule is
made absolute. Liberty is granted to file separate suit if it is
permissible under the law.
[K.S.
JHAVERI, J.]
/phalguni/
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