Mr Digant M Popat For … vs – 5 on 15 April, 2010

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SCA/4625/2010	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 4625 of 2010
 

 
=========================================


 

CHANDRAKANT
SAKARLAL SHAH THRO. P.O.A HOLDER
 

Versus
 

NITINBHAI
JASHBHAI DESAI PRESIDENT AND OTHERS
 

=========================================
 
Appearance : 
MR
MANOJ N POPAT for
Petitioner(s) : 1,MR DIGANT M POPAT for Petitioner(s) : 1, 
None
for Respondent(s) : 1 - 5. 
=========================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	

 

 


 

Date
: 15/04/2010 

 

 
 
ORAL
ORDER

1. The
petitioner Shri Chandrakant Sakarlal Shah is before this Court
through his Power of Attorney Holder Shri Gordhan Amichand Patel
being aggrieved by order dated 02.03.2010 passed by the learned
Principal Senior Civil Judge, Baroda below application Exh.21 filed
by defendant Nos.4 and 5 under O-7 R-11(c) as well as 11(d) of the
Code of Civil Procedure for rejection of the plaint Special Civil
Suit No.234 of 2009.

2. Heard
Mr.Popat, learned advocate for the petitioner.

3. Learned
advocate for the petitioner submitted that assuming for the sake of
argument that the suit was filed in a Civil Court, which had no
jurisdiction to try the controversy involved in the matter, then the
learned Judge ought to have returned the suit rather than rejecting
the same and that too with costs.

NOTICE
returnable on 03.05.2010.

Direct
service is permitted.

(Ravi
R.Tripathi, J.)

*Shitole

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