LEGAL HEIRS AND REPS OF DECD OWNER OF PRAKASH TRANSPORT COMPANY NAMELY VASUDEVBHAI PUROHIT Vs. TARLABEN MAHENDRAKUMAR SHAH

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, is filed by the petitioner - original defendant No. 1 challenging the orders dated 20.07.2019 and 05.07.2018, respectively passed below exhs. 129 and 67 in HRP Suit No. 2553 of 2005 by the learned Judge, Court No. 10, Small Cause Court, Ahmedabad. By application exh. 67 under O.1 R.10(2), O.6 R.17 and section 151 of the Civil Procedure Code, 1908 (CPC) it was prayed to join the applicant as a party defendant being proper and necessary party in the suit. It was also prayed to delete existing defendants of the suit in question, who are the legal heirs and representative of the original deceased defendant. The said application came to be allowed in part and the applicant therein (present respondent No. 2) was permitted to be joined as party defendant No. 2 in the suit. Further, application exh. 129 was filed by the plaintiff under O.6 R.17 of the CPC for amendment of plaint, which also came to be allowed.

(2.) Rule . Learned advocate Mr. Dhaval V. Shah for the respondent waives service. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing today.

(3.) Heard, learned advocate Mr. Ankit Y. Bachani for the petitioners and learned advocate Mr. Dhaval V. Shah for the respondents.