SCA/995720/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9957 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 ? ========================================================= GOVARDHAN NATHJI MANDIR TRUST THROUGH ITS TRUSTEES & 4 - Petitioner(s) Versus GANGABEN SHOBHSING DUDHANI & 1 - Respondent(s) ========================================================= Appearance : MR MAHENDRA K PATEL for Petitioner(s) : 1 - 5. DS AFF.NOT FILED (N) for Respondent(s) : 1, None for Respondent(s) : 2, MR BHARAT JANI for Respondent(s) : 2.2.1 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 02/09/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the SCA/995720/2008 2/3 JUDGMENT Constitution of India, the petitioners – original plaintiffs have prayed for appropriate writ, order and/or directions, quashing and setting aside the order dated 01.02.2008 passed by learned 6th Senior Civil Judge, Patan on application below Ex.33 as well as order dated 18.03.2008 passed by learned 4th Senior Civil Judge, Patan on application below Ex.35 in Regular Civil Suit No.10 of 2003, by which learned trial Court has rejected both the application submitted by petitioners-original plaintiffs to reopen the right to lead evidence. 2. Having heard Shri M.K.Patel, appearing on behalf of petitioners as well as Mr.Pranav M.Raval for Shri Bharat Jani, for respondents considering impugned orders and the time gap between the closing of the right to lead evidence by the plaintiffs and the applications submitted by the petitioners – original plaintiffs to reopen their right to lead evidence, the impugned order passed by the learned trial Court deserves to be quashed and set aside and an opportunity should be given to the petitioners to lead the evidence. SCA/995720/2008 3/3 JUDGMENT 3. Under the circumstances and for the reasons stated above, the petition succeeds. The order dated 01.02.2008, passed by learned 6th Senior Civil Judge, Patan on application below Ex.33 as well as order dated 18.03.2008 passed by learned 4th Senior Civil Judge, Patan on application below Ex.35 in Regular Civil Suit No.10 of 2003 are hereby quashed and set aside and it is ordered to reopen the right of the plaintiffs to lead the further evidence. Rule is made absolute. There shall be no order as to costs. [M.R.SHAH, J.] bddave