SCA/11680/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11680 of 2008 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? ========================================================= GORDHANBHAI BECHARBHAI PATEL & 3 - Petitioner(s) Versus BHAGWANJI KESHABHAI SORATHIYA - Respondent(s) ========================================================= Appearance : MR MEHUL S SHAH for Petitioner(s) : 1 - 4.MR SURESH M SHAH for Petitioner(s) : 1 - 4. NOTICE SERVED BY DS for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioners – original plaintiffs have prayed for an appropriate Writ, direction and/or order quashing and setting aside the impugned order dated 23rd April, 2008 passed by the SCA/11680/2008 2/3 JUDGMENT learned Additional Senior Civil Judge, Gondal passed below Exh.137 in Regular Civil Suit No.292 of 1995 by which the learned trial Court has dismissed the said application in not re-opening the right of the petitioners to cross-examine the defendant's witness. 2. Though served, nobody appears on behalf of the respondent. Considering the fact that Examination-in-Chief on behalf of the defendant was submitted on 14th March, 2008 and on the very day the learned trial Court closed the right of the petitioner to cross-examine the said witness and considering the fact that immediately thereafter the application was submitted by the petitioner on 04.04.2008 to re-open right of the petitioner to cross-examine the witness and considering the fact that even the learned Advocate appearing on behalf of the respondent has also submitted no objection, the impugned order passed by the learned trial Court deserves to be quashed and set aside. 3. For the reasons stated above, the petition succeeds. The impugned order dated 23rd April, 2008 passed by the learned Senior Civil Judge, Gondal passed below Exh.137 in Regular Civil Suit No.292 of 1995 is hereby quashed and set aside and the right of the petitioners to cross-examine the defendant's witness is re-opened. Considering the fact that Suit is of 1995, the petitioner to give fullest cooperation to the learned trial Court in early disposal of the suit and shall complete the cross- SCA/11680/2008 3/3 JUDGMENT examination at the earliest. Rule is made absolute accordingly. No costs. [M.R.Shah,J.] satish