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SCA/8126/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8126 of 2010
=============================================
RAVAL
CHAMPABEN MANSINGBHAI - Petitioner(s)
Versus
RAVAL
RATANBEN DILIPBHAI & 1 - Respondent(s)
=============================================
Appearance
:
MR UM SHASTRI for Petitioner(s)
: 1,
None for Respondent(s) : 1 -
2.
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 19/07/2010
ORAL
ORDER
This
petition under Article 226 and 227 of the Constitution is filed
against the order dated 12.4.2010 passed by learned Additional Civil
Judge, Devgadh Baria, below application Exh.78, by which, the prayer
of the plaintiff under Order VI Rule 17 came to be rejected on the
ground that the amendment was belated and besides when the cause of
action for amending the suit arose was not stated. Further in view
of proviso Order VI Rule 17, the learned Judge has found that there
was no justification in granting the prayer of amending the suit and,
therefore, such an order passed by learned Judge in a Regular Civil
Suit No.69 of 2003 cannot be said to be in any manner contrary to law
which deserves any interference in exercising powers under Article
226 and 227 of the Constitution of India.
However,
that rejection of this petition under Article 226 and 227 of the
Constitution of India shall not be a bar for the petitioner to take a
measure in accordance with law.
With
the aforesaid, this petition stands disposed of.
[ANANT
S. DAVE, J.]
//smita//
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