Gujarat High Court Case Information System
Print
SCA/10942/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10942 of 2009
=========================================================
BHAVNAGAR
UNIVERSITY - Petitioner(s)
Versus
DR.
NIRMALABEN NARAYANDAS ASNANI - Respondent(s)
=========================================================
Appearance
:
MR
DC DAVE for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1,
MR
ANKUR Y OZA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 12/03/2010
ORAL
ORDER
Heard
learned advocate Mr.D.C. Dave for the petitioner-University. The
respondent-original plaintiff filed a suit in the court of the
learned Principal Senior Civil Judge, Bhavnagar being Regular Civil
Suit No.380 of 2009 praying for various releifs on 22.7.09. In the
said suit the University filed an application, exh.11 and contended
that the court has no jurisdiction in the matter as the civil court
has no jurisdiction to adjudicate upon the grievance ventilated in
the suit. Therefore, the issue of jurisdiction be decided as a
preliminary issue. The learned Judge rejected exhibit 11 and against
that order the University is before this Court.
2. Rule.
Mr.Oza, learned advocate waives service of rule. Taking into
consideration the submissions made by the learned advocate for the
petitioner, the matter deserves to be allowed. Accordingly, order
dated 28.8.09 passed by the court below is quashed and set aside.
3. At
the request of learned advocate Mr.Oza, it is clarified that it will
be open for the original plaintiff to pray for return of the plaint
to be presented before the appropriate forum. As and when such
application is given, the University will not take any objection on
that and the learned Judge will decide the application in accordance
with law as expeditiously as possible, preferably within two weeks
from the date of filing of that application. Rule is made absolute.
(RAVI
R. TRIPATHI, J.)
karim
Top