BANKIMCHANDRA AMARCHANDRA JHAVERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellants challenge part of order dated 31-7-2007 passed in Civil Misc. Appeal No. 96 of 2001 qua registration of M. Case No. 1 of 2007 with Raopura Police Station, Vadodara against the appellants. Order passed by the learned Principal District Judge, Vadodara on 31-7-2007 in Civil Misc. Appeal No. 96 of 2001 reads as under:

(2.) THE case in short is that the present respondent No. 3-original plaintiff filed Rent Suit No. 105 of 2001 before the Small Causes Court, Baroda, together with an injunction application at Ex. 5. Learned Small Causes Court however has rejected the said application. Said order was challenged before the learned District Judge by filing Civil Misc. Appeal No. 96 of 2001. In the said appeal, learned District Judge found that the original defendant obtained a consent decree in Rent Suit No. 18 of 2000 fraudulently by making a false declaration knowing fully well it to be false. Hence, the Appellate Court passed order to lodge complaint by the Registrar of Small Causes Court against the present appellants-original defendants in Rent Suit No. 105 of 2001.

(3.) HEARD learned advocate, Mr. Asim Pandya for M/s H. L. Patel Advocates for the appellants and learned APP, Mr. K. P. Raval for the respondents Nos. 1 and 2. None appeared on behalf of the respondent No. 3.