LAWS(GJH)-2013-3-13

NAGJIBHAI SAVABHAI Vs. SARABHAI BHAGVANBHAI

Decided On March 06, 2013
Nagjibhai Savabhai Appellant
V/S
Sarabhai Bhagvanbhai Respondents

JUDGEMENT

(1.) HEARD learned advocates for the parties. Admit.

(2.) MR . Kirtidev R. Dave, learned advocate appearing for the respondent waives service of notice of admission. With the consent of the parties, the matter is taken up for final hearing with regard to the judgement and order passed by the learned Additional District Judge being the appellate Court, which is contrary to the provisions of Order 41 Rule 31 as well as the provisions of Bombay Civil Manual.

(3.) THAT the civil suit was filed by the two plaintiffs. During the pendency of the suit, one of the two died, however, the survival plaintiff persuaded the suit as well defended the appeal also.