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SCA/11780/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11780 of 2009
=========================================
SAVITABEN
GIRDHARBHAI SENJALIYA & 8 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MS
MAMTA R VYAS for
Petitioner(s) : 1, 1.2.1,1.2.2 - 4, 4.2.1, 4.2.2, 4.2.3,4.2.4 -
9.
GOVERNMENT PLEADER for Respondent(s) : 1,
NOTICE SERVED for
Respondent(s) : 1 - 3.
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 03/12/2010
ORAL
ORDER
1. By
way of this petition, the petitioners – original plaintiffs
have prayed for appropriate Writ to quash and set aside the order
dated 17.07.2009 passed by the learned Additional Senior Civil Judge
and JMFC, Amerli below Exh.32 in Special Civil Suit No.266 of 1994,
by which the learned Trial Court has partly allowed the said
application preferred by the original plaintiffs under Order VI Rule
17 for amendment of the plaint.
2. This
Court has gone through the impugned order passed by the learned Trial
Court. It is admitted fact that the Suit is filed in the year 1994.
It is also admitted fact that revenue proceedings were pending before
the Competent Court. In the revenue proceedings, Special Secretary
vide order dated 27.04.2006 dismissed the appeal and the present
petitioner intended to challenge the said order in the Suit which was
filed in the year 1994.
3. After
considering averments in the application and considering provisions
of law, learned Trial Court vide order dated 17.07.2009 partly
allowed the said application. In opinion of this Court, if such
amendment is permitted, then, nature of the Suit will be changed.
Under Article 227 of the Constitution of India, this Court has very
limited powers. There is no jurisdictional error committed by the
learned Trial Court. Hence, present Special Civil Application is
dismissed. Notice discharged.
[M.D.Shah,
J.]
satish
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