SA/141/2006

Judgment text excerpt

NEUTRAL CITATION C/SA/141/2006 CAV JUDGMENT DATED: 19/06/2026 2026:GUJHC:37359 Reserved On : 10/06/2026 Pronounced On : 19/06/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SECOND APPEAL NO. 141 of 2006 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/- ========================================================== Approved for Reporting Yes No ✓ ========================================================== GUJARAT ELECTRICITY BOARD (NOW CONVERTED TO PGVCL) Versus M.F.JADEJA SINCE DECD. THRO HIS HEIRS & ANR. ========================================================== Appearance: MR DIPAK R DAVE(1232) for the Appellant(s) No. 1 NANAVATY ADVOCATES(1373) for the Respondent(s) No. 1.1 ========================================================== CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT CAV JUDGMENT 1. The present Second Appeal is filed under Section 100 of the Civil Procedure Code, 1908 (for short ‘CPC) by the original defendant against the judgment and decree dated 20.09.2006 passed by the 3rd Fast Track Court, Gondal in Regular Civil Appeal No.24 of 2004, whereby it has confirmed the judgment and decree passed by the Civil Judge, Junior Division, Gondal in Regular Civil Suit No.190 of 1997. Page 1 of 29 Uploaded by () on Downloaded on : Tue Jun 30 23:17:48 IST 2026 NEUTRAL CITATION C/SA/141/2006 CAV JUDGMENT DATED: 19/06/2026 2026:GUJHC:37359 2. The appellant herein is the original defendant, whereas the respondent herein is the original plaintiff. For the sake of convenience, parties may be referred to as their original position in the suit. 3. This Court, vide its order dated 18.10.2006, while admitting this appeal, framed the following substantial questions of law; “(A) Whether the Civil Courts jurisdiction is barred under Section 9 of the Civil Procedu