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SCA/3562/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3562 of 2010
=========================================================
NAVJIVAN
TRADING CO THRO. GORDHANDAS DAHYABHAI - Petitioner(s)
Versus
V
R M V CHOCKALINGAM PARTNER OF PRABA SPINNINGS & 1 - Respondent(s)
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Appearance
:
MR
RC KAKKAD for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/03/2010
ORAL
ORDER
Heard
Mr.R.C.Kakkad, learned counsel for the petitioner. It is submitted by
him that the impugned order has been passed in an application under
Section 5 of the Limitation Act, 1963, for condonation of delay in
preferring the application under Order 9, Rule 13 of the Code of
Civil Procedure, 1908, as is evident from the impugned order at
Annexure-E, page-56, of the paper-book. It is further submitted by
him that the Court was hearing an application for condonation of
delay, as is evident from Paragraphs-1 and 7 of the impugned order.
The learned counsel for the petitioner has contended that two
applications were filed by respondent No.1, one being the application
for condonation of delay and the other being the application for
setting aside the exparte decree under Order 9, Rule 13 of the Code
but, by way of the impugned order, the Trial Court has set aside the
exparte decree while hearing the application for condonation of
delay, without giving the petitioner an opportunity to lead evidence
against setting aside of the exparte decree.
Issue
Notice
returnable on 13.04.2010.
The
implementation, execution and operation of the impugned order dated
23.02.2010 passed by the Trial Court in Civil Miscellaneous
Application No.64 of 2008 shall remain stayed till then.
(Smt.Abhilasha
Kumari, J.)
(sunil)
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