Balrambhai Muldas Gondaliya vs Police Commissioner
2023 Latest Caselaw 5420 Guj

     C/FA/2845/2023                                  ORDER DATED: 11/07/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 2845 of 2023
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                   In R/FIRST APPEAL NO. 2845 of 2023
==============================================================
              BALRAMBHAI MULDAS GONDALIYA & 1 other(s)
                              Versus
                      POLICE COMMISSIONER
==============================================================
Appearance:
MR PREMAL S RACHH(3297) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1,2,3,4
==============================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                            Date : 11/07/2023

                             ORAL ORDER

1. Heard learned advocate Mr.Premal S. Rachh

for the appellants/applicants.

2.1. At the outset, learned advocate

Mr.Premal Rachh for the appellants/applicants

submitted that the First Appeal is arising out

of the rejection of the plaint in view of the

order passed below Exh.17 by the Principle

Senior Civil Judge, Keshod in Regular Civil

Suit No.34 of 2021 under Order 7 Rule 11(a) of

the Code of Civil Procedure, 1908 (for short

C/FA/2845/2023 ORDER DATED: 11/07/2023

'the Code').

2.2. It was submitted that the appellants-

plaintiffs prayed for compensation of

Rs.10,00,000/- and therefore the First Appeal

challenging the impugned judgment and order

would lie before the District Court. It was

therefore prayed that the original papers of

the First Appeal may be returned under Order 7

Rule 10 of the Code so as to present before

the District Court.

3. Considering the above submissions,

Registry is directed to hand over the original

papers of this First Appeal so as to enable

the appellants to place it before the

appropriate Court under Order 7 Rule 10 of the

Code as the Appeal would lie before the

District Court.

C/FA/2845/2023 ORDER DATED: 11/07/2023

4. The Appeal is accordingly disposed of at

this stage in view of the aforesaid

directions.

5. Civil Application also stands disposed of.

Original papers of the Civil Application will

also be handed over to the appellants along

with the papers of the First Appeal.

(BHARGAV D. KARIA, J)

PALAK