MONA RAJESH SHAH Vs. GUNVANTIBEN SAKARCHAND SHAH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India assails a legality and correctness of the order dtd. 30/11/2013 passed below Exh.21 in Regular Civil Appeal No.20 of 2008, by which the learned 6th Additional District Judge, Bhuj-Kutch refused to join the petitioner as an heir and legal representative of deceased ' Maneklal Parsottam Shah and further directed the Trial Court to determine a question whether the present petitioner is legal representative of the deceased defendant or not.

(2.) This Court has heard learned Senior Counsel Mr.Mehul Shah assisted by learned counsel Mr.Zenil Shah and learned counsel Mr.Mehul Rathod for the respective parties.

(3.) Learned Senior Counsel Mr.Shah for the petitioner submitted that a suit was filed by the respondents-plaintiffs for redemption of mortgage and recovery of possession from one Mr.Maneklal Shah ' the original defendant. The suit was decreed by the Court-below vide its judgment and decree dtd. 15/2/2008, in Civil Suit No.125 of 1978. The defendant ' Maneklal Shah challenged the decree by preferring an appeal before the District Court at Bhuj being RCA No.20 of 2008. During the pendency of the appeal, the sole appellant ' original defendant Maneklal Shah died on 14/2/2013. The petitioner Mrs.Mona Rajesh Shah moved an application Exh.21 to join her as an heir and legal representative of deceased Maneklal Shah. The respondent-plaintiff also filed an application before the learned Appellate Court, to join the petitioner as legal heir and representative of the sole defendant ' appellant. The learned Trial Court, after hearing the parties, instead of allowing the application for joining the legal heirs, directed the subordinate Court to determine the question whether the petitioner being adopted daughter, is legal representative or not.