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SCA/11076/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11076 of 2002
=========================================================
MEMUNA
YUSUF DINATH & 1 - Petitioner(s)
Versus
SUGARABAI
AIYUB DINATH & 7 - Respondent(s)
=========================================================
Appearance
:
MR
AMIT V THAKKAR for
Petitioner(s) : 1 - 2.
RULE SERVED for Respondent(s) : 1 - 2.
MS
SONAL D VYAS for Respondent(s) : 1,
RULE UNSERVED for
Respondent(s) : 3 - 6,6.2.1
RULE NOT RECD BACK for Respondent(s)
: 4,6.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 17/09/2010
ORAL
ORDER
Present
petition is directed against the order dated 29/7/2002 passed below
Exh.222. The issue raised in the petition is with regard to the
order in which witness ought to be examined. It appears that some of
the defendants are supporting the plaintiff. The petitioner,
therefore, seems to have prayed that the evidence of the supporting
witnesses may be recorded immediately after the evidence of
petitioners or in alternative such defendants may declare that they
are not supporting the plaintiff. The said request seems to have
been rejected by the learned Trial Judge by the impugned order. By
order dated dated 20/10/2004 the petition came to be admitted,
however, the stay against prosecuting before the Trial Court has not
been granted. On the contrary by the said order the Court also
directed that the petitioner will not seek any adjournment before the
Trial Court on ground of pendency of the petition. Under the
circumstances in all probabilities, suit must have come to an end.
Today
when the petition is taken up for hearing, learned advocate for the
petitioner is not present. The office has put up a note that the
respondent nos.3, 4, 5 and 6.1 have remained unserved while the
process of rule qua the respondent no.6.2 is not received back. In
view of the fact that the petition is pending since year 2002 the
petitioner is directed to accept direct service and effect the
service of notice to unserved respondents.
Fresh
notice of Rule returnable on 1/10/2010. The petitioner shall effect
the direct service on or before 24/9/2010 and file the affidavit of
direct service on or before 28/9/2010.
(K.M.THAKER,
J.)
(ila)
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