IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No. 1414 of 1986 For Approval and Signature:
HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= GUJARAT SECONDARY EDUCATION BOARD & 1 - Applicant(s) Versus KAUSHAL HARSHADBHAI VYAS PROSESS BE SERVED THRO & 1 -
Opponent(s) =========================================================
Appearance :
MR MC BHATT for Applicant(s) : 1 - 2. NOTICE SERVED for Opponent(s) : 1 - 2.
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CORAM : HONOURABLE MR.JUSTICE M.R. SHAH
Date : 24/07/2012 ORAL JUDGMENT 1.00. Present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioners – original defendants to quash and set aside the impugned order passed by the learned trial court dtd.8/9/1986 by which in a suit seeking prayer for reassessment of the Answer-sheet, petitioners - original defendants were directed to produce Answer-Books. The petitioners have also challenged the impugned order produced at Annexure-E.
2.00. Though served nobody appears on behalf of the respondents. It appears that the order passed by the learned trial court impugned in the present Civil Revision Application was stayed during the pendency of the present Civil Revision Application.
3.00. More than 27 years have been passed after filing of the Civil Suit as well as present Civil Revision Application. Thus, it appears that as such the present Civil Revision Application has become infructuous by efflux of time and it appears that that is why the respondent No.1 – original plaintiff is not interested to prosecute the present Civil Revision Application and therefore, is not appearing in the present matter. Considering the facts and circumstances of the case, present Civil Revision Application is dismissed as having become infrutuous. Rule is discharged. Interim Relief granted earlier, if any, stands vacated. No costs.
[M.R. SHAH, J.] rafik