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SA/128/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 128 of 2008
With
CIVIL
APPLICATION No. 7085 of 2008
=========================================================
CHIEF
SECRETARY & 1 - Appellant(s)
Versus
RASHILABEN
JATASHANKER BAROT & 4 - Defendant(s)
=========================================================
Appearance
:
MR
H.K. MAKWANA, AGP for
Appellant(s) : 1 - 2.
MS LILU K BHAYA for Defendant(s) : 1.2.1,
1.2.2, 1.2.3, 1.2.4,1.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/07/2008
ORAL
ORDER
Admit.
The
following substantial questions of law arise for consideration in the
appeal:
[1] Whether
the suit was barred by res judicata as per the provisions of section
11 of Code of Civil Procedure, 1908?
[2] Whether
the Regular Civil Suit No.1275 of 1984 is not maintainable for want
of notice under section 80 of the Code of Civil Procedure, 1908 and
whether the Civil Court has jurisdiction to try the said suit?
[K.S.
JHAVERI, J.]
CIVIL
APPLICATION NO.7085 OF 2008
Rule.
Ms Lilu K. Bhaya, learned Advocate for respondent nos.1, 2 and 3 and
Mr.Abichandani, on instructions from respondent nos.4 and 5, waive
service of rule. By way of interim relief, both the parties are
directed to maintain status quo. Since Mr. Abichandani has appeared
on instructions today, the order shall be communicated to the
respondent nos.4 and 5. Rule is made absolute accordingly with no
order as to costs.
[K.S.
JHAVERI, J.]
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