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SCA/28165/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 28165 of 2007
=========================================================
VALLABHBHAI
N PATEL - Petitioner(s)
Versus
THAKOREBHAI
BHANABHAI PATEL & 52 - Respondent(s)
=========================================================
Appearance
:
MR
DHAVAL M BAROT for
Petitioner(s) : 1,
MR RR MARSHALL for Respondent(s) : 1, 1.2.1,
1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7, 1.2.8, 1.2.9, 1.2.10,
1.2.11, 1.2.13,1.2.14
NOTICE NOT RECD BACK for Respondent(s) :
1.2.12 - 9,11 - 53.
NOTICE UNSERVED for Respondent(s) :
10,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 29/07/2008
ORAL
ORDER
By
way of this petition under Article 227 of the Constitution of India,
the petitioner ? original
plaintiff has prayed for appropriate writ, order
and/or directions, for quashing and setting aside the order
dtd.7/3/2007 passed by the learned 6th Additional Senior
Civil Judge, Surat below application Ex.232 in Regular Civil Suit
No. 475 of 1984, by which the learned trial court has dismissed the
application submitted by the petitioner to amend the suit by
adding certain Survey Numbers in the plaint and the prayer clause.
It
is required to be noted that the suit is filed in the year 1984 and
the application for amendment to add certain Survey Numbers came to
be submitted by the petitioner – original plaintiff on 2/4/2003
i.e. after a period of almost 19 years of the filing of the suit. It
is also required to be noted that issues have been framed long back
and the hearing of the suit has already commenced. Under the
circumstances and considering the amendment in Order 6 Rule 17 of
the Code of Civil Procedure, it cannot be said that the learned
trial court has committed any error in dismissing the application
submitted by the petitioner to amend the suit. No interference of
this Court in exercise of powers under Article 227 of the
Constitution of India is called for. The petition is required to be
dismissed and is accordingly dismissed. Notice is discharged.
[M.R.
SHAH, J.]
rafik
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