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FA/365/1991 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 365 of 1991
=========================================================
VALLABHBHAI
KANJIBHAI PATEL - Appellant(s)
Versus
MOHANBHAI
SOMABHAI PATEL - Defendant(s)
=========================================================
Appearance
:
MR
DHIRENDRA MEHTA for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 08/03/2010
ORAL
ORDER
Heard
learned advocate Mr.Dhirendra Mehta for the appellant. He has
submitted that the appellant Vallabhbhai Kanjibhai Patel has expired
on 13/2/1996. He has also submitted that appellant herein is the
original defendant and the judgment debater in respect of the
judgment and decree dated 28/4/1989 passed by the City Civil Court,
Ahmedabad in Summary Suit No.3552 of 1983. He has further submitted
that the appellant herein was the sole defendant in the suit and in
present appeal also he is the sole appellant and that the appellant
Vallabhbhai has expired on 13/2/1996 and since then the appeal has
not prosecuted. The heirs and legal representatives of the appellant
have not come and/or have not been brought on record. Accordingly
the appeal is abated.
The
suit was filed by present opponent herein for recovery of amount of
Rs.11,375/- with interest at the rate of 12% per annum on the ground
that the plaintiff had advanced loan of Rs.10,000/- to the opponent
i.e. present appellant. Considering the material on record, the
learned Trial Court was pleased to pass decree in favour of the
plaintiff (present opponent) for an amount of Rs.10,075/- with
interest at the rate of 6%. Aggrieved by the said judgment and
decree, the appellant filed present appeal. By order dated
11/4/1991, the appeal was admitted. Thereafter, as stated by learned
advocate Mr. Mehta for the appellant, the appellant has expired on
13/2/1996 and since then the appeal has not been prosecuted by the
heirs and legal representatives and no one on behalf of the appellant
has shown any interest to prosecute the appeal. Hence, the appeal is
abated. Even otherwise it has been practice of this Court to not to
entertain appeal involving claim/decree of Rs.25,000/- or less.
Hence, for the said reason also the appeal for decree of Rs.10,000/-
does not deserve to be entertained/kept pending, after almost 20
years, for heirs or legal representatives of appellant to take steps
for joining the proceedings. The appeal is therefore, disposed of.
Interim relief, if any, stands vacated. No order as to costs.
(K.M.THAKER,
J.)
(ila)
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