PREMCHAND J PANCHAL Vs. SHAHJAHABANU LIYAKATKHAN PATHAN

JUDGEMENT

(1.) Civil Revision Application No. 729 of 1999 has been filed by the Petitioner original Plaintiff for the prayer that the order passed by the learned 2nd Extra Assistant Judge, below Exh. 3 granting permission to appeal against the judgment and order passed in Regular Civil Suit No. 248/97 by the learned Civil Judge (S.D.), Banaskantha at Annexure-A may be set aside on the grounds stated in the Memo of Petition, inter alia, that the learned Judge has failed to appreciate the fact that the Appellant-applicants were not a party at all before the trial court and therefore they have no right to file an appeal challenging the impugned judgment and decree passed by the trial court. It is also contended that the trial court has failed to appreciate the provisions of Order 41, Rules 1 & 2 which resulted in miscarriage of justice. It is also contended that the lower appellate court ought to have issued notice to the present Petitioner and without giving any opportunity of hearing the order is passed. It is also contended that the lower appellate court has failed to appreciate before granting such application as to whether any right is accrued to file such appeal by the applicants or not.

(2.) Civil Revision Application No. 732 of 1999 are filed by the Petitioner challenging the impugned order passed below Exh. 1 condoning the delay in filing Misc. Civil Application No. 91/98 by the learned Extra Assistant Judge.

(3.) Civil Revision Application No. 505 of 1999 is also filed challenging the order passed by the court below in execution application on the ground stated in the petition that the lower appellate court has exercised the jurisdiction not vested in it in dismissing the Petitioner's application, Execution Application No. 32 of 2000. It is also contended that the court has erred in finding that the provisions of Respondents contained in Section 52 of the Transfer of Property Act though admittedly the sale was made pending the suit and it will have application, it has not been considered.