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SCA/3792/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3792 of 2010
=========================================================
NIRMISHBHAI
NANDUBHAI THAKER & 2 - Petitioner(s)
Versus
HIRALAL
ISHWARBHAI PANDYA DECEASED THROUGH HEIRS & 5 - Respondent(s)
=========================================================
Appearance :
MR
NC NAYAK for
Petitioner(s) : 1 - 3.
MR PJ VYAS for Respondent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/04/2010
ORAL
ORDER
1. The
petitioners original plaintiffs are before this Court challenging
the order, passed below Exh.22 in R.C.S.No. 177 of 2007 dated
27.02.2009 by the learned Joint Civil Judge, Kalol seeking amendment
to the plaint. The application is filed after filing the suit on
11.08.2007 on 18.01.2008.
It
is contended in application Exh.22 that the plaintiff did not know
about entry No.791. The learned Judge has rightly considered the
contents of the application and has recorded in order that entry No.
791 is made before 03.10.1955
and if this is so the statement of the petitioners original
plaintiffs they they did not know about entry No.791 at the time of
filing of the suit cannot be believed.
2. This
Court finds no reason to disagree with the observations made by the
learned trial Judge and the order passed rejecting the said
application.
3. The
petition is found without any substance. Hence, dismissed.
[RAVI
R. TRIPATHI, J.]
jani
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