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MCA/156/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR INDIGENT PERSON No. 156 of 2010
=========================================================
BISMILLAKHAN
GULAMMOHAMMADKHAN PATHAN & 1 - Applicant(s)
Versus
MUKESHBHAI
JIVANBHAI THAKER & 1 - Opponent(s)
=========================================================
Appearance
:
MR
RC JANI for
Applicant(s) : 1 - 2.
None for Opponent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/01/2010
ORAL
ORDER
1. The
District Collector, Kheda is not joined as a party. Therefore,
learned Advocate Mr. RC Jani requested this Court to permit
applicants to join the District Collector, Kheda as a party.
Permission is granted. The Cause title is to be amended accordingly.
The learned AGP Mr. Sharma is appearing on behalf of respondent no.
3 – newly added party.
2. Considering
submissions made by both learned Advocates and also considering
averments made in this application that at the time of filing the
claim petition before the Claims Tribunal, the applicants had
submitted an application – exh. 5 dated 7th March 1996
praying for to file claim petition as indigent persons, which was
allowed by the Claims Tribunal. Thereafter, the status of applicants
remained as it is and there is no improvement. Still they remain
poor and are not able to pay the Court Fee.
3. Considering
Schedule of Property attached to the application and averments made
in the application supported with affidavit, prayer made in this
application, is granted. Accordingly, present applicants are
permitted to file the First Appeal as indigent persons on usual
conditions. Accordingly, present application is disposed of.
[
H. K. Rathod, J. ]
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