Gujarat Court May 1968 Judgments

Chunilal Dahyabhai Vs. Dharamshi Nanji and ors.

Court: Gujarat

Reported in: AIR1969Guj213; (1969)GLR734

ORDERJ.M. Sheth, J.1. This is a revision petition filed by the Petitioner (Original defendant No. 1) against the opponents. The opponent No. 1 is the original plaintiff and the opponents Nos. 2 to 4 are the original defendants, Nos. 2 to 4. This revision petition is filed under Section 115 of the Civil Procedure Code against the order passed by the learned 2nd Joint Civil Judge, Junior Division, Rajkot in a Civil Suit No. 427 of 1967 below exhibit 37 directing the petitioner to give inspection of all documents referred to in his affidavit Exh. 23 to the plaintiff and to take copies thereof on or before 7-3-1968.2. The advocates appearing on behalf of the opponents M/s. J.R. Nanavati and H. M. Mehta raised a preliminary objection regarding the maintainability of this revision petition under Section 115 of the Civil Procedure Code. The preliminary objection is raised on two grounds:--(1) It cannot be said that it is a case decided. (2) If it is a case decided. It cannot be said that the ...