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MCA/26520/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 265 of 2006
In
SECOND
APPEAL No. 57 of 1990
=========================================================
GAMBHIRSING
DIPSANG JADAV & 1 - Applicant(s)
Versus
MADHUBHAI
CHHANUBHAI JADAV. - Opponent(s)
=========================================================
Appearance
:
MR
SHAILESH C PARIKH for
Applicant(s) : 1 - 2.
UNSERVED-EXPIRED (R) for Opponent(s) :
1,
RULE NOT RECD BACK for Opponent(s) : 1.2.1, 1.2.2, 1.2.3,
1.2.4,1.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 12/11/2008
ORAL
ORDER
The applicants being
heirs of original applicant and original defendants have filed this
application seeking permission of this Court to bring their names on
record of Second Appeal No.57 of 1998, as legal heirs of Dipsinh
Jadav, the respondent in Second Appeal. Initially this Court has
issued rule on 21.7.2008. Rule remained unserved as the opponent
has expired. The Court, therefore, observed that the applicant
shall have to file necessary application for bringing legal heirs or
the legal representative of the opponent on record. Thereafter, on
8.10.2008 this Court has passed an order granting amendment to the
applicants. Since the applicants have already moved Civil
Application No.11739 of 2008 for bringing the legal heirs of the
opponent-original appellant-plaintiff on record, the Court is not
issuing fresh rule in this matter. Even otherwise, the Court has
already granted amendment and hence purpose of this application is
served. Accordingly this application is disposed of by bringing
their names on record of the Second Appeal.
(K. A. PUJ, J.)
kks
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