MUKUND HARILAL DALAL Vs. MANGANBHAI POPATBHAI PATEL

JUDGEMENT

(1.) AS common question of law and facts arise in these group of Civil Revision Applications as well as Special Civil Application and they arise out of the impugned common order passed by the learned Principal District Judge, Surat dated 28/07/2011 below Exhs. 5, 7 and 11 in Regular Civil Appeal No. 5/2009, they are decided and disposed of by this common order.

(2.) THE facts leading to the present Civil Revision Applications and Special Civil Application in a nutshell are as under;

(3.) BOTH the Civil Revision Applications and the Special Civil Applications are opposed by Shri Baghel, learned advocate appearing on behalf of the respondent-original defendant no. 2. it is submitted that it was the specific case on behalf of the respondent-original defendant no. 2 that original defendant no. 1 has colluded with the applicant-original plaintiff and did not contest the suit and allowed the decree to be passed and it was also the case on behalf of the respondent-original defendant no. 2 that as such original defendant no. 1 handed over the possession to the applicant-original plaintiff and thereafter the respondent-original defendant no. 2 became the direct tenant of the applicant-original plaintiff and, therefore, when he has preferred the Appeal, it cannot be said that the Appeal preferred by the respondent-original defendant no. 2 is not maintainable. It is further submitted by Shri Baghel, learned advocate appearing on behalf of the respondent- original defendant no. 2 that as original defendant no. 2 is in possession of the disputed property in question claiming to the tenant of the applicant-original plaintiff and original defendant no. 1 did not contest the suit and, therefore, initially the respondent-original defendant no. 2 while preferring the Appeal did not join original defendant no. 1 as respondent. However, when the objection was taken, to avoid any further technicality when the respondent-original defendant no. 2 submitted the application, Exh. 7 permitting him to join original defendant no. 1 as party respondent in the Appeal and when the same has been granted, it cannot be said that the learned appellate Court has committed any error and/or illegality and, therefore, it is requested to dismiss the present Civil Revision Applications and the Special Civil Application.