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CA/1561/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 1561 of 2010
In
FIRST
APPEAL (STAMP NUMBER) No. 2892 of
2009
=========================================================
DHENGABHAI
DUNGARABHAI RATHOD - Petitioner(s)
Versus
LAKHUBHAI
DAHYABHAI (GJ-7-T/6303) & 2 - Respondent(s)
=========================================================
Appearance :
MRHARSHITSTOLIA
for Petitioner(s) : 1,
MRPARTHSTOLIA
for Petitioner(s) : 1,
RULE SERVED for Respondent(s) :
1,
GOVERNMENT PLEADER for Respondent(s) : 2,
MS KARUNA V
RAHEVAR for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 07/04/2010
ORAL ORDER
In
present application, an affidavit in support of the application
appears to have been made on 29th June, 2009. In the
prayer clause 8(B), the details regarding the number of days by which
the appeal has been delayed was left blank, when typed. The said
blank seems to have been filled in subsequently (hand-writing) and
some overwriting is also visible. It appears that originally the
blank was filled in by writing in black ink figure of 169 and on that
basis, the application appears to have been filed. After the
application was presented, the office appears to have calculated the
days by which the application was delayed, which is determined by
office as delays of 243 days. The said figure of 243 days is inserted
in para 8(B) subsequently i.e. after the affidavit is made and after
the application was filed in the registry. Differently put, the
correction is made unauthorizedly in Court’s record without taking
Court’s permission. This will amount to tempering with Court’s
record.
When
the learned counsel for the applicant was questioned about this
aspect by the Court, Mr. Tolia, learned advocate, tendered
unconditional apology and requested for permission to withdraw the
application.
The
application stands disposed of as withdrawn. Rule is discharged.
[K.M.Thaker,
J.]
kdc
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