Heirs Of Decd. Gordhanbhai ... vs Heirs Of Decd. Savjibhai ...
2021 Latest Caselaw 1840 Guj

            C/SCA/15954/2020                               ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 15954 of 2020

==========================================================
                 HEIRS OF DECD. GORDHANBHAI JADAVBHAI
                                  Versus
                   HEIRS OF DECD. SAVJIBHAI DAYALBHAI
==========================================================
Appearance:
JENIL M SHAH(7840) for the Petitioner(s) No.
1,1.1,1.2,1.3,2,2.1,3,3.1,3.2,3.3,3.4,4
 for the Respondent(s) No. 1,1.1,1.2,1.3,2
==========================================================

 CORAM: HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                               Date : 08/02/2021

                                ORAL ORDER

Heard learned advocate Mr. Jenil M Shah for the petitioner through video conference.

Learned advocate Mr. Jenil M Shah has submitted that prima facie, the learned trial Court has committed mistake by arriving the conclusion that the application under Order 6 Rule 17 regarding amendment is not tenable. He has further placed reliance on judgment of Hon'ble Supreme Court reported in 2017 Vol.14 SCALE pg 223, wherein it is observed that while traveling amendment application, the issue of limitation be kept open and it may be considered at the stage of evidence.

Having heard the arguments advanced by the learned advocate for the petitioner and the averments made in the petition, the issue requires consideration. Issue, NOTICE returnable on 16.04.2021.

(A. C. JOSHI,J) Radhika