ORAL JUDGMENT

Heard Mr. Purohit, learned advocate for the petitioner, and Mr. Patel, learned advocate for the respondent No.7.

2. In present petition, the petitioner has prayed, inter alia, that:-

“10(A) to allow this petition with costs;

(B) to quash and set aside the order dated 3.9.2011 passed on application Ex.31 in Civil Suit No.320/2008 of the learned 7th Additional Senior Civil Judge, Rajkot;

(C) to allow the application Ex.31 made in Regular Civil Suit No.320/2008 by permitting to implead the respondents No.7 and 8 as party defendants No.7 and 8 in the said suit;”

3. So far as the relevant facts are concerned, it has emerged from the record and submissions by learned advocates for the petitioner and the respondent No.7 that the defendant No.7 in Regular Civil Suit No.320 of 2008 purchased certain properties in March-1995.

3.1 The said defendant No.7 of the suit died in May-1998.

Despite such fact, the said purchaser of the property in March, 1995 (who died in May 1998) was impleaded as defendant No.7 in the said Suit No.320 of 2008.

3.2 The said suit being RCS No.320/2008 came to be filed on or around 24.6.2008, i.e. almost 13 years after the sale was executed and about ten years af