PANKAJBHAI RAMESHBHAI ZALAVADIA Vs. JETHABHAI KALABHAI ZALAVADIYA (DECEASED)

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal arises out of the judgment dated 05.03.2014 passed by the Gujarat High Court in Special Civil Application No. 16985 of 2011 dismissing the Special Civil Application filed by the appellant, consequently affirming the order passed by the trial Court rejecting the application filed under Order 1, Rule 10 of the Code of Civil Procedure (hereinafter referred to as the "Code").

(3.) The brief facts leading to this appeal are as under: The appellant filed a suit on 24.06.2008 seeking to set aside a sale deed executed in March 1995 in respect of a parcel of land which was purchased by defendant no. 7. As on the date of filing of the suit, defendant no. 7 was already dead. Upon the report of the process server to this effect, the trial Court on 31.03.2009 ordered that the suit had abated as against defendant no. 7. Initially, the appellant filed an application under Order 22, Rule 4 of the Code for bringing on record the legal representatives of deceased defendant no. 7. The trial Court while rejecting the said application on 09.09.2009 observed thus: