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CA/11879/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 11879 of 2009
In
FIRST
APPEAL No. 1477 of 1983
=========================================================
KAMALDEEP
CORPORATION & 1 - Petitioner(s)
Versus
KAMALDEEP
CO-OPERATIVE HOUSING SOCIETY LIMITED & 5 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Petitioner(s) : 1 - 2, 2.2.1, 2.2.2, 2.2.3,2.2.4
None for
Respondent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/01/2010
ORAL
ORDER
Today,
from registry, one Mr. H.H. Khristi, Clerk from First Appeal
Department reported this Court that Party-in-person Shri Pranvijal
Harjivan Parmar placed one set of application in present Civil
Application to issue summons / notice to some more persons over and
above mentioned in present application.
The
registry has raised objection that without making amendment in
present application, no summons or notice can be issued to persons
whose names are mentioned in present affidavit filed by
Party-in-person Mr. P.H. Parmar dated 28th
October 2009 presented today i.e. on 15th
January 2010.
This
Court has informed registry that unless separate civil application
for amendment/joining party in present application is not filed, no
notice can be issued to such other persons whose names are not
mentioned in present application or Party-in-person can withdraw
present application with a liberty to file fresh application for same
cause of action then Party-in-person can join these all persons whose
names are mentioned in present set of affidavit. Therefore, this
Court has suggested to Clerk Mr. H.H. Khristi that if,
Party-in-person is present today, then call him in Chamber.
Accordingly, Party-in-person is personally present in Chamber.
This
Court has suggested accordingly to Party-in-person that he can file
either a separate application to join such persons or to withdraw
present civil application with a liberty to file fresh application
then this Court can pass appropriate order.
Accordingly,
Party-in-person made a statement before this Court that at this
stage, permission may be granted to him to withdraw present
application with a liberty to file fresh civil application by joining
these other persons on same cause of action.
Considering
his request, permission is granted to applicant Party-in-person
Mr. Parmar to withdraw present application with a view to file fresh
application on same cause of action after joining other persons whose
names are mentioned in affidavit which has been presented by him
today before registry of this Court in present application.
Accordingly,
present application is disposed of as withdrawn.
[H.K.
RATHOD, J.]
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