Mohanlal vs Kantilal on 1 February, 2010

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SCA/791/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 791 of 2010
 

 
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MOHANLAL
NATHALAL HIRANI - Petitioner(s)
 

Versus
 

KANTILAL
MAGANLAL TRAMBADIA & 1 - Respondent(s)
 

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Appearance : 
MR
ZALAK B PIPALIA for Petitioner(s) : 1, 
None for Respondent(s) : 1
- 2, 2.2.1,2.2.2
 
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CORAM
			: 
			
		
		 
			 

HON'BLE
			SMT. JUSTICE ABHILASHA KUMARI
		
	

 

 
 


 

Date
: 01/02/2010 

 

 
 
ORAL
ORDER

Heard
Mr.Zalak B.Pipalia, learned counsel for the petitioner. It is
submitted by him that the impugned order has been passed without
considering the aspect of delay and setting aside the abatement, as
the deceased defendant No.2 expired on 21-11-2008 and the
application has been preferred on 16-3-2009. It is further submitted
that the widow of the deceased can be considered to be one of the
legal heirs of the deceased,however, the daughter-in-law of the
deceased could not have been impleaded as respondent No.1, as her
husband is already a party to the suit.

Issue
notice returnable on 22-2-2010.

(Smt.Abhilasha Kumari,J)

arg

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