Vastavik Kishankumar Soni vs Rabari Bijalbhai Mashrubhai
2023 Latest Caselaw 7500 Guj

                                                                                     NEUTRAL CITATION




     C/CRA/407/2023                                  ORDER DATED: 10/10/2023

                                                                                     undefined




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CIVIL REVISION APPLICATION NO. 407 of 2023
==========================================================
                       VASTAVIK KISHANKUMAR SONI
                                  Versus
                      RABARI BIJALBHAI MASHRUBHAI
==========================================================
Appearance:
MR SUNIL S JOSHI(2925) for the Applicant(s) No. 1
for the Opponent(s) No. 4,5,6,7
MALAY A DANGE(10127) for the Opponent(s) No. 1,2,3
MR ARIF A SHEKH(5040) for the Opponent(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                  Date : 10/10/2023
                   ORAL ORDER

The petitioner, is aggrieved by the order dated 07.08.2023 passed by the learned 3rd Additional Senior Civil Judge, Kadi below application Exh.26 in Regular Civil Suit no.204 of 2022. By the said order, the application filed by the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint, has been rejected.

2. Mr Sunil S. Joshi, learned advocate for the petitioner submitted that various contentions were raised together with the authorities cited in support of such contentions; however, there is not a whisper, much less reference to the judgments cited by the learned advocate for the petitioner. It is submitted that even otherwise also, if one is to go by the order, clearly, it does not contain any reasons. After recording the submissions and counter submissions, so also the provisions, the learned Judge, in penultimate paragraph, has observed that everything is to be decided at the stage of the trial.

3. Mr Sunil S. Joshi, learned advocate further submitted that not only the judgments cited by the learned advocate for the defendant,

NEUTRAL CITATION

C/CRA/407/2023 ORDER DATED: 10/10/2023

undefined

but also the compilation containing several judgments cited by the plaintiffs, have also not been considered, much less the reference. It is submitted that not only the judgments, but even the grounds raised in the application, does not find any discussion in the order of the learned Judge.

4. Reliance is placed on the judgment of this Court in the case of Ramanlal Ambalal Patel vs. Hina Industries reported in 1993 (1) GLR

820. It is submitted that this Court, has categorically held that by not referring to the authorities, the learned Judge, has done injustice to the parties.

5. In view of the above and the fact that Mr Malay A. Dange, learned advocate for the respondents - original plaintiffs, could not dispute the said aspect, the order dated 07.08.2023 passed by the learned 3rd Additional Senior Civil Judge, Kadi below application Exh.26 in Regular Civil Suit no.204 of 2022, is quashed and set aside only on the limited ground that it does not contain the reasons for not accepting the contentions raised by the parties. The Court concerned, is directed to hear the parties and after hearing, pass order afresh.

6. With the above direction, the Civil Revision Application, is disposed of. No order as to costs.

(SANGEETA K. VISHEN,J) BINOY B PILLAI