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1995 Supreme(Guj) 208

J.N.BHATT
GUJARAT AMBUJA CEMENTS LIMITED – Appellant
Versus
Govindbhai Lakhmanbhai Gadhe – Respondent


Advocates Appeared: M.S.SHAH, P.M.RAVAL, S.M.SHAH

J. N. BHATT, J.

( 1 ) THIS application is filed against the order passed below ex. 200 in regular civil suit No. 387 of 1988 by the learned Civil Judge (S. D.), Amreli rejecting the application of the petitioner under Order 1, Rule 10 (2) of the Code of Civil Procedure, 1908 (the Code for short ). The petitioner is the original applicant which had preferred an application under Order 1, Rule 10 (2) of the Code for being impleaded as co-defendant in the above suit filed by respondent No. 1 against respondent Nos. 2 and 3. The suit filed by the plaintiff is for a declaration that original defendant No. 2 Mamlatdar at Kodinar is not entitled to take possession of the land pursuant to the notice dated 31. 8. 1988, and also for a permanent injunction restraining the defendants from interfering with possession of the land pursuant to the said notice.

( 2 ) THE original plaintiff had earlier preferred Regular civil suit No. 399 of 1986 against the State of Gujarat and Mamlatdar, Kodinar and also P. S. I. Kodinar and the present petitioner inter- alia contended that it is in possession of the agricultural land and the defendants have no right, title and interest in the said land bearing su











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