PRADHANJI NATHAJI THAKOR Vs. SUNIL SOMABHAI PATEL

JUDGEMENT

(1.) PRESENT Civil Application has been preferred by the applicant herein ­ original appellant ­ original plaintiff for an appropriate order permitting him to delete the name of Power of Attorney holder from the cause title and to permit him to amend the cause title as prayed in para 7 of the application, of the Second Appeal No.74/2008 pending before this Court.

(2.) IT appears that the applicant herein ­ original plaintiff had instituted Regular Civil Suit No.57/1998 in the Court of learned Senior Civil Judge, Gandhinagar against the respondents herein ­ original defendants for permanent injunction. It appears that the applicant herein executed a power of attorney in favour of one Shri Radheshyam Rampal Lodh dated 08.03.2006 to appear on behalf of the applicant in Regular Civil Suit Nos.55/1998, 56/1998, 57/1998, 58/1998, 59/1998 and 60/1998 pending in the Court of learned Civil Judge, Senior Division, Gandhinagar and to do all other acts on behalf of the applicant. It appears that on the basis of the the said power of attorney, the said power of attorney holder proceeded further with the suit and the applicant ­ original plaintiff was thereafter represented through his power of attorney Shri Radheshyam Rampal Lodh. It appears that by judgment and decree dated 12.09.2007, the learned trial Court dismissed the aforesaid suit. Being aggrieved and dissatisfied with the judgment and decree passed by the learned trial Court in dismissing the Regular Civil Suit No.57/1998, the applicant herein ­ original appellant preferred Regular Civil Appeal No.60/2007 through his power of attorney holder Shri Radheshyam Rampal Lodh. It appears that the said Regular Civil Appeal came to be dismissed, against which the applicant herein ­ original appellant ­ original plaintiff has preferred the present Second Appeal No.74/2008, which has been filed through his power of attorney holder Shri Radheshyam Rampal Lodh.

(3.) COPY of the application has been given to the power of attorney Shri Radheshyam Rampal Lodh and Shri Ashish Shah, learned advocate has appeared on behalf of the original appellant ­ power of attorney holder Shri Radheshyam Rampal Lodh.