PARMESHWAIBEN E GAJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is made by the applicants for transposing original Petitioner No. 1/4 as Respondent No. 4 thereto.

(2.) The original petition bearing Special Civil Application No. 630 of 1987 was filed by one Parmehwariben Essardas Gajwani. She breathed her last during the pendency of this petition leaving behind her the present applicants and opponent No. 4 as her heirs and legal representatives. A civil Application was moved for bringing on record the heirs of the deceased petitioner and all the heirs were shown as the applicants in that Civil Application. It appears that opponent No. 4 did not join the remaining applicants in signing the Vakalatnama of the Advocate for the remaining applicants. An office objection was raised in that regard and the Civil Application came to be rejected for non-prosecution on account of non-removal of the sand office objection. Thereupon, Miscellaneous Civil Application No. 859 of 1994 was preferred and it was accepted by this Court by its decision rendered on 8th April, 1994 on condition of removal of office objection by 30th April 1994. With a view to getting over the objection on account of not signing by proposed opponent No. 4 herein the Vakalatnama of the learned Advocate for the remaining applicants, this application has beeen moved foe transposing original applicant No.1/1 as respondent No.4 in the main petition.

(3.) If a heir of the deceased petitioner does not want to join as a party for the purpose of prosecuting the proceeding, he cannot be forced to do so. However, in order to complete the record, his presence would be necessary and he can be joined as a party respondent. In that view of the matter, this application deserves to be accepted, more particularly when the learned Advocate for Opponent No.4 herein has no objection against Such transposition.