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SCA/8088/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8088 of 2010
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VIMALBEN
MANUBHAI PATEL & 1 - Petitioner(s)
Versus
MRUDULABEN
W/O JAYANTILAL P THAKORE & 3 - Respondent(s)
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Appearance :
MR
VIBHUTI NANAVATI for Petitioner(s) : 1 - 2.
None for Respondent(s)
: 1 - 4,4.2.1
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/07/2010
ORAL
ORDER
The
petitioners have filed this petition under Articles 226 and 227 of
the Constitution with the following main prayers:
“(A) Your
Lordships may be pleased to call for the R&P of H.R.P. Suit
No.1063 of 1991 and that of Civil Appeal No.92 of 1999 pending before
the learned Appellate Bench of the Small Causes Court at Ahmedabad
and after perusing the same, may further be pleased to issue
appropriate writ and/or direction to quash and set aside the order
passed below Application Exh.33 (Annexure-H) by the learned Appellate
Bench of the Small Causes Court at Ahmedabad on 4.5.2010”
2. Mr.
V.P.Nanavati, learned advocate for the petitioners, submits that a
serious error is committed by the Appellate Bench while passing the
order dated 4.5.2010 below Exh.33 by refusing to keep the record in
safe custody and to initiate legal action in view of certain
interpolation in the copy of the plaint. Learned advocate further
submits that the above order is a case of non-application of mind on
the pat of the learned Appellate Bench of the Small Causes Court and,
therefore, deserves correction in exercise of powers under Articles
226 and 227 of the Constitution of India.
3. Having
heard learned advocate for the petitioner and on perusal the record
of the case, including the impugned order, it is clear that the
Appellate Bench of Small Causes Court, Ahmedabad has considered the
very issue and decided that whether the Trial Court has committed an
error or not and if at all an investigation is to be done, then the
matter will have to be referred to the learned In-charge Chief Judge
and without proceeding further with the mater it was not possible for
the Bench to consider the above aspect in detail for arriving at any
conclusion.
4. The
above approach of the Appellate Bench of the Small Causes Court,
Ahmedabad cannot be said to be in any manner contrary to law or
illegal. It is also true that by such an interlocutory order
impugned in this petition, no grave injustice or hardship is caused
to the petitioners, which calls for any interference of this Court in
exercise of powers under Articles 226 and 227 of the Constitution of
India. Even some error of fact or law by itself cannot be subjected
to the jurisdiction of this Court under Article 226 and 227 of the
Constitution of India.
5. In
view of the above discussion, this petition fails and is hereby
dismissed in limine. However, it will be open for the Appellate Bench
of the Small Causes Court, Ahmedabad to examine the issue without
being influenced by this order at the appropriate stage of the
proceedings.
[Anant
S. Dave, J.]
*pvv
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