J.B.PARDIWALA

( 1. ) THE appellant seeks to challenge order dated 22.7.2011 passed by learned Single Judge in CA No. 4706 of 2011 preferred under the provisions of Order 22, Rule 4A of CPC and the consequent order passed by learned Single Judge on the same day i.e. 22.7.2011 in F.A No. 58 of 1987, declaring First Appeal No. 58 of 1987 as abetted on the demise of the original appellant.

( 2. ) THE facts relevant for the purpose of deciding this appeal can be summarised as under:-

2.1 One Ramsarandasji Guru Suryaprakasdasji preferred Civil Suit No. 2385 of 1980 in the City Civil Court at Ahmedabad, seeking order on the basis of a Will under the Succession Act. However, the Civil Suit No. 2385 of 1980 came to be dismissed. Aggrieved by the judgment and order passed by the Civil Court dismissing Civil Suit No. 2385 of 1980, original plaintiff late Ramsarandasji preferred F.A No. 58 of 1987 in this Court under Section 299 of Indian Succession Act. Record reveals that during the pendency of F.A No. 58 of 1987, original appellant - plaintiff Ramsarandasji passed away. THE appellant herein therefore, preferred Civil Application No. 7784 of 2007 with a prayer to implead him as party t