Gujarat High Court
Lt.Mohanbhai Pujabhai vs Lt.Gangaben W/O.Chhotabhai on 13 March, 2013
Author: Harsha Devani
Bench: Harsha Devani
LT.MOHANBHAI PUJABHAI DHANJIBHAIV/SLT.GANGABEN W/O.CHHOTABHAI DHANJIBHAI PATEL (DELETED) C/SCA/2859/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 2859 of 2013 ================================================================ LT.MOHANBHAI PUJABHAI DHANJIBHAI & 1....Petitioner(s) Versus LT.GANGABEN W/O.CHHOTABHAI DHANJIBHAI PATEL (DELETED) & 8....Respondent(s) ================================================================ Appearance: MR KASHYAP R JOSHI, ADVOCATE for the Petitioners No. 1 - 1.6 , 2 ================================================================ CORAM: HONOURABLE MS.JUSTICE HARSHA DEVANI Date : 13/03/2013 ORAL ORDER
Mr. Kashyap Joshi, learned advocate for the petitioners has invited the attention of the court to the provisions of the Rule 1A of Order XXIII of the Code of Civil Procedure, 1908, which makes provision for When transposition of defendants as plaintiffs may be permitted . Reference was made to the restoration application made by the petitioners before the Gujarat Revenue Tribunal to point out that the Tenancy Revision Application No.124 of 2003 had been fixed for hearing on 6.7.2012. However, on 4.7.2012, the original applicants of the revision application filed an application for withdrawing the same, which came to be allowed by an order of the very same date. It was submitted that under the circumstances, the petitioners herein had no opportunity to make a prayer for transposing them in place of the original revisionists, as contemplated under Rule 1A of Order XXIII of the Code.
Having regard to the submissions advanced by the learned advocate for the petitioners, Issue Notice returnable on 17th April, 2013.
The petitioners are permitted to serve the respondents directly by Registered Post A.D. in addition to the normal mode of service.
(HARSHA DEVANI, J.) parmar* Page 2 of 2