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2004 Supreme(Guj) 612

P.B.MAJMUDAR
PATEL DINESHBHAI MOHANBHAI – Appellant
Versus
DECD. NARANBHAI RAMDAS THROlegal HEIRS – Respondent


Advocates Appeared: B.S.PATEL, DHAVAL D.VYAS, RANJAN B.PATEL, Shital R.Patel

P. B. MAJMUDAR, J.

( 1 ) SINCE common point is involved in both these Civil Revision Applications, both are disposed of by this common judgement.

( 2 ) SO far as Civil Revision Application No. 1103/2002 is concerned, the same is filed by the original plaintiffs of Special Civil Suit No. 194/1988 challenging the order dated 20th September, 2002, passed below Exh. 59 by the learned 4th Civil Judge (S. D.) Vadodara, by which the learned Judge has rejected the withdrawal pursis filed by the applicants of this Civil Revision Application.

( 3 ) SO far as Civil Revision Application No. 1104/2002 is concerned, the same is filed by the original plaintiffs of aforesaid Special Civil Suit No. 194/88, challenging the order of same date of the learned trial Judge passed below Exh. 57, by which third party, i. e. , opponents No. 2 to 5 herein were permitted to be joined as co-plaintiffs in the said suit. The learned trial Judge has passed that order under Order 1 Rule 10 of C. P. C.

( 4 ) BEING aggrieved by the aforesaid orders, the original plaintiffs have filed these Revision Applications before this Court.

( 5 ) THE facts leading to the controversy are as under:the applicants herein instituted













































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