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2012 Supreme(Guj) 287

M.R.SHAH
MAKVANA UDAJI JEHAJI – Appellant
Versus
MAKVANA PARTHIJI PUNJAJI – Respondent


Advocates Appeared:
S.K. PATEL for Applicant(s) : 1 - 2, 2-2-2, 2-2-3, 2-2-4, 2-2-5, 2-2-6 and 8.
None for Petitioner No(s).: for Applicant(s) : 2, 8,
None for Opponent(s) : 1,
NOTICE SERVED for Opponent(s) : 1-2-1, 1-2-2,1-2-3
MS. SNEHA A. JOSHI for Opponent(s) : 1-2-1, 1-2-2, 1-2-3

JUDGMENT

M.R. SHAH, J. - Present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the petitioners herein -original defendants to quash and set aside the impugned order dated 29.8.2011 passed by the learned trial Court passed below Exh.165 in Regular Civil Suit No.78 of 2001 by which the learned trial Court has allowed the said application submitted by the heirs of the original plaintiff permitting them to be brought on record as heirs and legal representatives of original plaintiff Punjaji Dhulaji Makwana.

2. That one Punjaji Dhulaji Makwana instituted Regular Civil Suit No. 78 of 2001 against the petitioners -original defendants in the Court of Principal Senior Civil Judge, Modasa, who died on 14.10.2010 leaving behind him respondents herein as heirs and legal representatives. That no steps were taken by the respondents herein-heirs and legal representatives of original plaintiff permitting them to be brought on record as heirs and legal representatives of plaintiff within stipulated time i.e. within 90 days. However, the respondents herein submitted application at Exh.165 on 30.6.2011 i.e. after a period of 90 days from the death o




















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