Gujarat High Court
State vs Executive on 30 April, 2010
Author: K.M.Thaker
Bench: K.M.Thaker
Gujarat High Court Case Information System
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CA/3462/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3462 of 2010
In
FIRST
APPEAL No. 5596 of 1998
=========================================================
STATE
OF GUJARAT - Petitioner(s)
Versus
EXECUTIVE
ENGINEER & 1 - Respondent(s)
=========================================================
Appearance
:
MS
VS PATHAK, AGP for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 30/04/2010
ORAL
ORDER
Heard learned AGP Ms. V. S. Pathak appearing for the applicant. The cause list shows that , and it is reported that the process has been served. Though served no one has entered appearance.
Considering the relief prayed for in the application, even if the application is granted, then also the interest of the unserved opponents and/or the original claimants will not be adversely affected.
The applicant of present application is the original opponent no.1 before the Land Reference Court. Differently put the applicant herein is not a stranger to the proceedings or is not a party who was not impleaded to the proceedings before the Land Reference Court. From the impugned award it comes out that the applicant herein was original opponent no.1 before the Land Reference Court. The First Appeal No.5596 of 1998 has been filed by the original opponent no.2 before the Land Reference Court and in the cause title of the appeal, present applicant has been shown as opponent no.2.
The applicant, in effect wants transposition of opponent no.2 as the appellant on the ground that opponent no.2 has been erroneously shown as opponent whereas actually the said opponent ought to have been impleaded or as one of the appellants as appellant since he was one of the opponents before the Land Reference Court.
Having regard to the submissions of learned AGP Ms.Pathak, it emerges that the mistake is bonafide and anybody's interest will not be affected adversely if the application is allowed and the applicant is permitted to correct the mistake. Hence the application is allowed. The relief prayed for in para-3(A) and para-3(B) are granted. The applicant herein is allowed to transpose/impleade the said opponent no.7 as appellant no.2 in the First Appeal No.5596 of 1998. The applicant shall carry out necessary amendment in the appeal within one week from today. After carrying out the amendment, the opponents will be supplied with the amended copy of the appeal memo.
Rule is made absolute to the aforesaid extent.
(K.M.THAKER, J.) (ila) Top