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CA/11239/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 11239 of 2008
In
CIVIL
APPLICATION No. 9236 of 2008
In
FIRST APPEAL (STAMP NUMBER) No. 808 of 2008
=========================================================
THE
STATE OF GUJARAT THROUGH ASSISTANT GOVERNMENT PLEADER & 5 -
Petitioner(s)
Versus
RAMESHBHAI
KHIMJIBHAI SHINGALA & 9 - Respondent(s)
=========================================================
Appearance
:
MS
SANGEETA VISHEN AGP for
Petitioner(s) : 1 - 6.
MR HARESH H PATEL for Respondent(s) : 1,4 -
5, 8,
None for Respondent(s) : 2 - 3,6 - 7, 9,9.2.9 -
10.
UNSERVED-REFUSED (R) for Respondent(s) : 9.2.1, 9.2.2, 9.2.3,
9.2.4, 9.2.5, 9.2.6, 9.2.7,9.2.8 - 10,10.2.2
- for Respondent(s)
: 0.0.0
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 17/10/2008
ORAL
ORDER
Heard
learned AGP Ms. Sangeeta Vishen on behalf of state of Gujarat and
learned advocate Mr. HH Patel appearing for respondent claimants.
This
application is filed by State of Gujarat under section 5 of
Limitations Act, 1963.
The
First appeal filed by State of Gujarat challenging decree and
judgement passed by learned Principal Senior Civil Judge, Rajkot in
Spe. Civil Suit no. 290/2002. For that, there is delay of 107 days
in filing first appeal. Therefore, in civil application no.
9236/2008 prayer is made to condone aforesaid delay in the interest
of justice.
During
pendency of Civil Application no. 9236/2008 and prior to that
respondent no. 9 and 10 expired, those who were claimants.
Therefore,
State Government has filed present application with a prayer to
bring heirs and legal representative of respondent no. 9 and 10.
This application is supported with affidavit of R. J. Gohil, TDO
Paddhari. Along with civil application, death certificates of
respondent no. 9 ? Veljibhai Arjabhai Moliya and respondent no.
10 -Shamjibhai Chakubhai Shingala are placed on record.
Considering
heirs and legal representative respondent no. 9 and 10, whose names
are mentioned in present application, they are necessary to be join
as party respondents in place of original respondent no. 9 Valjibhai
and 10 Shamjibhai. The detail is given in application.
Considering
submissions made by both learned advocate appearing for respective
parties and averment made in this application supported with
affidavit and also death certificates of both respondents. The
prayer made in this application in para 4(a) is granted.
Accordingly,
heirs and legal representative of respondent no. 9 and 10 as
referred above in present application are join as respondent no. 9
and 10 and cause title is to be amended accordingly.
Accordingly,
present civil application is disposed of.
(H.K.RATHOD,
J)
asma
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