Gujarat High Court

CRA/403/1991 of AHMEDABAD ELECTRICITY COMPANY LTD Vs NAVRANG TEXTILE PRIVATE LTD on 23 November 1998

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HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 403 of 1991 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed to see the judgements? 2. To be referred to the

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL REVISION APPLICATION No 403 of 1991

For Approval and Signature:

Hon'ble MR.JUSTICE S.K.KESHOTE

============================================================

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1. Whether Reporters of Local Papers may be allowed to see the judgements?

2. To be referred to the Reporter or not?

3. Whether Their Lordships wish to see the fair copy of the judgement?

4. Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge?

-------------------------------------------------------------- AHMEDABAD ELECTRICITY COMPANY LTD

Versus

NAVRANG TEXTILE PRIVATE LTD

-------------------------------------------------------------- Appearance:

MR HB SHAH for Petitioner

None present for Respondent

-------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE

Date of decision: 23/11/98

ORAL JUDGEMENT

1. This civil revision application arises from summary suit No.2585/83 and the learned counsel for the petitioner is unable to say whether the suit is still pending in the trial court or not. There is all possibility that by now the suit would have been disposed of. Be that as it may. Otherwise also, this revision application is directed against the order of the learned trial court dated 11-2-1991 under which the application of the plaintiff for restoration of civil suit No.2585/83 has been granted subject to the condition of depositing Rs.700/- as costs payable to the defendant. Though I have my own reservation whether such an order is revisable under section 115, C.P.C. or not but in view of the order of this Court whereunder the plaintiff-petitioner is directed to deposit Rs.350/- as costs of restoration of the suit, nothing substantial now survives in this revision application. There is all possibility that the amount of Rs.350/- as ordered by this Court to be deposited would have been deposited.

2. This revision application is disposed of in the terms that nothing now to be deposited, more than sum of Rs.350/-, as costs of restoration of the suit by the plaintiff-petitioner. Accordingly, the revision application and rule stand disposed of.

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