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FA/354/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No.354 of 2008
With
CIVIL
APPLICATION No.1107 of 2008
In
FIRST
APPEAL No.354 of 2008
======================================
SARABHAI
M CHEMICALS THE CHAIRMAN - Appellant
Versus
ACID
SALES CORPORATION NARAYANBHAI GOPALDAS PATEL - Defendants
======================================
Appearance
:
MR SP MAJMUDAR for Appellant(s)
: 1,
MR HARNISH V DARJI for Defendant(s) :
1,
======================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE Y. R. MEENA
and
HONOURABLE
MR.JUSTICE BANKIM N. MEHTA
Date
: 18/03/2008
ORAL
ORDER
At
the outset, Mr.Bharda, learned counsel for the respondent-plaintiff
submits that money suit was filed in the trial Court for recovery of
Rs.29,53,259=00. That suit was decreed.
Counsel
for the respondent-plaintiff further submits that though the issue is
regarding outstanding amount and the amount to be paid to the
plaintiff-respondent was ordered by the trial Court, but in one-line
the trial Court mentioned in the impugned order that the suit was
barred by law of limitation. Therefore, to avoid this anomaly, the
impugned decree and order can be set aside and the matter be remitted
back to the trial Court to decide the suit on merits including the
issue regarding limitation.
Learned
counsel for the appellant Mr.Majmudar has no objection if this prayer
is acceded to and the matter be sent back to the trial Court.
Considering
the joint prayer, we set aside the impugned decree and order and
remit the matter back to the trial Court to give fresh opportunity to
both the sides to lead evidence and take a fresh decision by giving
reasonable opportunity of being heard.
Consequently,
the appeal stands disposed of with the aforesaid directions. Notice
is discharged.
Civil
Application also stands disposed of.
(Y.
R. MEENA, C. J.)
(BANKIM
N. MEHTA, J.)
Rajendra
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