VIJAY HATHISING SHAH Vs. GITABEN PARSHOTTAMDAS MUKHI

JUDGEMENT

(1.) In this appeal, the appellants (newly impleaded defendants in the array of parties in Regular Civil Suit No.6170 of 1990 pending in the Court of City Civil and Sessions Court, Ahmedabad) seek to challenge the judgment and order dated 08.01.2008 passed by the learned Single Judge in Special Civil Application No.6737 of 2007 whereby learned Single Judge allowed the petition preferred by respondent No. 1 herein by allowing application Exh:420 preferred in Regular Civil Suit No.6170 of 1990 in the Court of City Civil and Sessions Court, Ahmedabad and permitting respondent No. 1 -original plaintiff to amend the plaint.

(2.) Facts relevant for the purpose of deciding this appeal can be summarized as under : -

(3.) It deserves to be noted that the appellants herein were not parties in the said petition preferred by respondent No. 1 aggrieved by the said order passed below Exh:240. Therefore, an application for leave to appeal was preferred by the appellants herein which came to be allowed and that is how the appellants herein now seek to challenge the order passed by the learned Single Judge dated 08.01.2008 allowing respondent No.1 -original plaintiff to amend the plaint as per prayer made in Exh:420 preferred in Regular Civil Suit No.6170 of 1990.