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SCA/6487/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6487 of 2011
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HARDIKKUMAR
MAHESHBHAI DESAI & 1 - Petitioner(s)
Versus
BHIKHABHAI
M SOLANKI & 1 - Respondent(s)
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Appearance :
MR.HIREN
M MODI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/06/2011
ORAL
ORDER
1. By way of this
petition under Article 227 of the Constitution of India, petitioner
has prayed for an appropriate order to quash and set aside the
impugned order dated 17/03/2011 by the learned Chamber Judge, City
Civil Court, Ahmedabad below Exh.8 in Summary Suit No.1220/2010 by
which the learned Judge has granted unconditional leave to defend the
suit to the respondents – original defendants.
2. Petitioner
herein – original plaintiff has instituted Civil Suit
No.1220/2010 in the City Civil Court, Ahmedabad under Order 37 of the
Code of Civil Procedure to recover the amount which is deposited by
the petitioner – original plaintiff which is alleged to have
been misappropriated by the agent of the postal department. It is
the case on behalf of the petitioner – plaintiff that the agent
of the postal department, in collusion with the postal department,
has misappropriated the amount. Therefore, it is submitted that the
learned Judge has committed an error in granting unconditional leave
to defend the suit to the defendants.
3. Having heard
Shri Modi, learned advocate appearing on behalf of the petitioner –
plaintiff and considering the impugned order, it appears that no
illegality has been committed by the learned trial Court granting
unconditional leave to defend the suit to the defendants. Whether
the amount is misappropriated by the agent and/or the amount has been
misappropriated by the agent in collusion with the postal department
and/or other officers, are all issues which are required to be
considered at the time of trial. Considering the nature of
controversy and dispute in the suit, the learned trial Court has
rightly granted unconditional leave to the original defendants. No
case is made out to interfere with the impugned order in exercise of
powers under Article 227 of the Constitution of India.
4. In view of the
above, present petition deserves to be dismissed and is, accordingly,
dismissed.
(M.R.
Shah, J.)
*menon
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