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CA/6274/2007 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR AMENDMENT No. 6274 of 2007
In
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 635 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
ARCHANA
W/O HEMENDRA MISKIN - Petitioner(s)
Versus
HEMENDRAN
S/O ARJUNBHAI MISKIN - Respondent(s)
=========================================================
Appearance
:
MR.SUBHASH
G BAROT for
Petitioner(s) : 1,
MR JA ADESHRA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 31/07/2008
ORAL
JUDGMENT
RULE.
Mr.J.A. Adeshra, learned advocate waives the service of notice of
admission on behalf of the respondent.
Present
petition is filed by the petitioner wife to amend Misc.Civil
Application No.635 of 2007 for treating the said application under
sec.23(3) of the Code of Civil Procedure instead of under sec.24 of
the Code of Civil Procedure.
Mr.Adeshra,
learned advocate appearing on behalf of the respondent has submitted
that such an application would not be maintainable.
Having
heard the learned advocate appearing on behalf of the respective
parties and in the facts and circumstances of the case, without
prejudice to the rights and contentions of the respective parties
with respect to the maintainability of the application, present
petition is allowed and the petitioner is permitted to amend
Misc.Civil Application NO.635 of 2007 and the said application be
treated to have been filed under sec.23(3) of the Code of Civil
Procedure instead of under sec.24 of the Code of Civil Procedure.
Necessary amendment be carried out within a week from today. Rule is
made absolute accordingly. No costs.
[M.R.
SHAH, J.]
rafik
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