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FA/2263/1987 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2263 of 1987
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CHANDULAL
TEJPAL & 1 - Appellant(s)
Versus
SHAH
MAFATLAL MANILAL KANTHRAVIVALA & 1 - Defendant(s)
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Appearance :
MR
ARVINDKUMAR SHAH for
Appellant(s) : 1 - 2.
MR MC SHAH for Defendant(s) : 1,
NOTICE
UNSERVED for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/01/2011
ORAL
ORDER
The
present appeal arises out of the impugned judgment and decree passed
by the learned City Civil Court, Ahmedabad in Civil Suit No.
2117/1980 decreeing the suit partly in favour of the original
plaintiff for a sum of Rs. 6000/- as the principal amount with
interest. In view of death of Shri Arvindkumar Shah, learned
advocate appearing on behalf of the appellants, Registry was directed
to issue notice upon the appellants and it is reported that notice
upon the appellants are unserved due to the shop being closed before
twenty years. Under the circumstances, it is not possible for the
Registry to serve the appellants. Even notice upon respondent no. 2
is also still unserved. Hence, the present First Appeal is dismissed
for non-prosecution. Notice is discharged.
(M.R.
SHAH, J.)
siji
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