VALLABHDAS NANDLAL PANCHAMIYA Vs. MANSUKHLAL BHAGWANJI

JUDGEMENT

(1.) The facts giving rise to this revision application briefly stated are under:

(2.) Mr. Suresh M. Shah, learned Advocate for the petitioner urged that in the instant case, before the suit was disposed of, the plaintiffs had already transferred their interest in the property by sale to Bai Savita and Bai Gunvanti Amrutlal by a sale deed dated 1-5-1967. He stated that the suit was dismissed by the court on 30-6-1967. Thus, when the appeal was preferred by the present opponents in the district court, they had no subsisting interest in the property. The assignee was not brought on record under order 22, Rule 10, C.P.C. Code. He, therefore, urged that in the absence of any assignee being brought on record as provided in order 22, Rule 10, C.P. Code, the whole appeal filed by the opponents (original plaintiffs) was incompetent. Therefore, the result would be that the original decree passed by the trial court dismissing the plaintiffs' suit would remain.

(3.) Mr. J.R. Nanavaty, learned Advocate for the opponents thereupon submitted an application signed by the purchasers for being brought on record under order 22, Rule 10, C.P. Code. The application is hotly contested by the learned Advocate for the petitioner.