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Appearance: vs Oral Order

High Court Of Gujarat|16 July, 2012

JUDGMENT / ORDER

By way of this Civil Revision Application under Section 115 of the Code of Civil Procedure, the original defendants have challenged the judgment and order dated 25th April 1996, passed by the learned Civil Judge (J.D.), Tharad-Wav, in Regular Civil Suit No. 21 of 1995. By the impugned judgment and order, the learned trial judge has allowed the amendment of the plaint and the application for injunction. By the amendment, the plaintiff wanted to change Survey No.681 into that of Survey No. 680, admeasuring 9 Acres 27 Gunthas. The plaintiff came to know about the wrong mentioning of Survey Number only when the defendants filed Regular Civil Suit No. 23 of 1995 against the plaintiff.
In my opinion, by allowing the said amendment, the nature of the suit is not changed. The trial judge, therefore, was quite justified in allowing the amendment. Therefore, I am of the view that there is no jurisdictional error committed by the trail judge which requires to be interfered with in this Civil Revision Application.
Hence, this Civil Revision Application is dismissed.
September 23, 1996(M.H. Kadri, J.) (swamy)
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Title

Appearance: vs Oral Order

Court

High Court Of Gujarat

JudgmentDate
16 July, 2012