LAWS(GJH)-1974-11-7

MAGANBHAI ZAVERBHAI PATEL Vs. RAMESHBHAI BECHARDAS SHAH

Decided On November 22, 1974
MAGANBHAI ZAVERBHAI PATEL Appellant
V/S
RAMESHBHAI BECHARDAS SHAH Respondents

JUDGEMENT

(1.) These three revision petitions arise out of common order passed by the learned Civil Judge Junior Division Nadiad dated 25-7-1974 in Civil Suits Nos. 436 of 1967 409 of 1967 and 408 of 1967 respectively. 2 Petitioner Maganbhai Zaverbhai Patel is original defendant No. 1 in all the three suits. Opponent No. 3 deceased Maganlal Harjivandas Vyas was original defendant No. 2 in all these three suits. Opponents Nos. 1 and 2 Rameshbhai Bechardas Shah and Maheshbhai Bechardas Shah were original plaintiffs Nos. 1 and 2 in Civil Suit No. 436 of 1967. Opponent No. 1 Kantilal Shanabhai Patel in Civil Revision Application No. 1070 of 1974 was original plaintiff in Civil Suit No. 409 of 1974. Opponent No. 1 Jamnadas Chhotabhai Amin in Civil Revision Application No. 1071 of 1974 was original plaintiff in Civil Suit No. 408 of 1967.

(2.) Maganlal Harjivandas Vyas original defendant No. 2 died during the pendency of the aforesaid suits on 24-8-1972. His heirs and legal representatives were not brought on the record within the period of limitation prescribed for the same. Suits abated against him. No application was made for setting aside the abatement within the prescribed period.

(3.) Present petitioner who is original defendant No. 1 in all these suits filed applications in those suits that looking to the nature of the suits the entire suits abated in toto. That application in Civil Suit No. 436 of 1967 was Ex. 120 in Civil Suit No. 409 of 1967 it was Ex. 113 and in Civil Suit No. 408 of 1967 it was Ex. 131.