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CA/7397/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7397 of 2005
In
LETTERS
PATENT APPEAL No. 712 of 2005
In
SPECIAL
CIVIL APPLICATION No. 10862 of 2003
=================================================
STATE
OF GUJARAT AND ANOTHER
Versus
GAJAJI
GOPALJI JADEJA AND OTHERS
================================================
PRESENT:
Ms
Shruti Trivedi, Assistant Government Pleader for the applicants
Shri
Shalin Mehta for non-applicants Nos.1-299, 301-615
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE G.S.SINGHVI
and
HONOURABLE
MR.JUSTICE P.B.MAJMUDAR
Date
: 05/09/2005
(Per
: HONOURABLE MR.JUSTICE G.S.SINGHVI)
This
is an application for placing on record the affidavit dated 10th
August, 2005 of Commandant, Battalion No.1.
Shri
Shalin Mehta, learned counsel for non-applicants invited our
attention to the affidavit of Major Yashoraj Sinh Gohil, who has
described himself as Battalion Commandant No.1, Battalion Border
Wing, Home Guards, Palanpur and submitted that the deponent could not
have verified the contents of paragraphs 1 and 2 of the application
on the basis of his personal knowledge and also described them as
legal submissions to the best of his information and belief.
Learned
counsel for the applicants fairly submitted that the affidavit is not
in conformity with the requirement of Order XIX Rule 3 of the Civil
Procedure Code read with Rule 26 of the Gujarat High Court Rules,
1993.
In
view of the above, the application is dismissed. However, liberty is
given to the applicants to file fresh application for bringing on
record the affidavit of the competent officer.
(G.S.Singhvi)
Judge
(P.B.Majmudar)
Judge
*mohd
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