JUDGMENT (CAV)

Rule. Learned Advocate Mr.S P Majmudar appearing for the contesting respondent waives service of notice of rule. This petition under Article 227 of the Constitution of India is directed against the order dated 21/06/2008 passed below Exhibit-24 in Special Civil Suit No.32 of 2008 by the learned 3rd Additional Senior Civil Judge, Jamnagar; whereby the application filed by the plaintiff to join subsequent purchaser Shri Bhavesh Arshibhai Kandoriya as defendant no.10 in the suit has been rejected inter alia on the ground that the plaintiff has not registered notice of suit as per amendment in Section 52 of the Transfer of Property Act 1882 (for short the “Act”) applicable to the State of Gujarat and State of Maharashtra as to attract the principle of lis pendens.

2. Necessary facts for adjudication this petition can be summarized thus:—

2.1 The petitioner–plaintiff filed suit being Special Civil Suit No.32 of 2008 for partition and separate possession against several defendants before the learned Principal Senior Civil Judge, Jamnagar in respect of the land being Revenue Survey No.1092 1-08-25 hectare (in short “subject matter”). Plaintiff moved an application below Exhib