Ramshrandasji vs Vasantiben on 29 September, 2008

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CA/778420/2007	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR ORDERS No. 7784 of 2007
 

In


 

FIRST
APPEAL No. 58 of 1987
 

=========================================================

 

RAMSHRANDASJI
SURYAPRAKASH DASJI - Petitioner(s)
 

Versus
 

VASANTIBEN
DAHYABHAI MODI - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
MEHUL S SHAH for
Petitioner(s) : 1,MR
SURESH M SHAH for
Petitioner(s) : 1, 
MR
HIREN K SHAH for
Respondent(s) :
1, 
=========================================================


 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

				Date
: 29/09/2008 

 

 
ORAL
ORDER

The
applicant has prayed to permit the applicant to continue the first
Appeal No.48 of 1987 on the ground that he is legal reprsentative of
deceased Appellant Ramsarandasji. Affidavit in reply has been filed
wherein it is stated that looking to the definition of section 2(11)
of the CPC, the case of the applicant does not fall within the four
corners of the section as he is not represented nor intermeddles the
estate of the deceased and that the estate or any interest therein is
also does not devolve to the applicant and the applicant is not
directly or indirectly related with the subject matter. In that view
of the matter this application is misconceived and is rejected.

[K.S.

JHAVERI, J.]

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