Gujarat High Court
Jivabhai Nathabhai (Decd) Through ... vs Bechardas Govindlal (Decd) Through ... on 17 September, 2014
Author: S.H.Vora
Bench: S.H.Vora
C/CRA/200/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION NO. 200 of 2013
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JIVABHAI NATHABHAI (DECD) THROUGH VASUDEV JIVABHAI &
4....Applicant(s)
Versus
BECHARDAS GOVINDLAL (DECD) THROUGH LEGAL HEIRS &
1....Opponent(s)
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Appearance:
MR RD DAVE, ADVOCATE for the Applicant(s) No. 1 - 5
MR JF MEHTA, ADVOCATE for the Opponent(s) No. 1.1 - 1.2
NOTICE SERVED BY DS for the Opponent(s) No. 1.3 , 2
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 17/09/2014
ORAL ORDER
1. Challenge in this revision application is order dated 2.4.2013 passed by learned Additional Senior Civil Judge, Ahmedabad (Rural) below application Exh.188 in Regular Execution Petition No.65 of 1989 permitting respondent Nos.1.1 to 1.3 to join as heirs and legal representatives of deceased decree holder in the execution petition.
2. I have heard submissions of learned advocate Mr. R.D. Dave for the petitioners and learned advocate Mr. J.F. Mehta for respondent Nos.1.1 and 1.2.
3. Considering the reasons assigned by the learned trial Judge in the impugned order and considering the scope of Page 1 of 2 C/CRA/200/2013 ORDER Order 22 Rule 12 of the Code of Civil Procedure, 1908, the legal heirs of decree holder are entitled to be joined at any time in the execution proceedings. Such view is taken by the Hon'ble Supreme Court in case of V. Uthirapathi Vs. Ashrab Ali and others reported in AIR 1998 SC 1168. Therefore, considering the said decision, present revision application deserves only fate of dismissal and the same stands dismissed accordingly. Notice is discharged.
(S.H.VORA, J.) shekhar Page 2 of 2