HASMUKHBHAI CHHAGANBHAI SHAH Vs. BABUBHAI T NAI

JUDGEMENT

(1.) This Application is filed under Order 23 Rule 1-A read with Order 1 Rule 10 of the Civil Procedure Code, 1908 (for short, hereinafter referred to as 'the Code').

(2.) Heard learned advocates for both the sides and learned Assistant Government Pleader for the respondent - State.

(3.) The applicant has filed the present First Appeal challenging the judgment and order dtd. 13/1/2020 passed by the learned District and Sessions Judge, Arvalli at Modasa in Civil Misc. Application No.39 of 2017. The said judgment and order was arising out of the order passed by the learned Charity Commissioner, Ahmedabad in Appeal No.40/2012 and also arising out of order passed by Assistant Charity Commissioner dtd. 14/5/2012 in Change Report No.105 of 2006. Pending the appeal, the appellant passed away on 9/7/2022. As the original appellant expired, the present applicant has filed the present application for transposing him as an appellant. It is submitted that the original appellant had challenged the Change Report which was accepted by the Assistant Charity Commissioner. The said order was assailed before learned Charity Commissioner. The learned Charity Commissioner rejected the appeal filed by the original appellant and thereafter, the appellant assailed the order of learned Charity Commissioner before the District and Sessions Judge, Arvalli at Modasa. It is submitted that the cause for the challenge still survives even after the death of appellant and the applicant is required to be transposed as appellant as the impugned judgment and order is also affecting the applicant. It is further submitted that the cause of action for filing the present application arose when the original appellant expired. By invoking provisions of order 23 Rule 1-A and provisions of Order 1 Rule 10 of the Code, request is made to permit the present applicant to be transposed as the appellant.