GUJARAT ALKALIES Vs. KAMAL MANHARLAL SHAH

JUDGEMENT

(1.) Learned AGP, Ms.Rekha Patel, appearing for the respondent Nos. 2 and 3 waives service of rule while Mr.Jayant P.Bhatt, learned advocate, appearing for respondent No.4- Rajkot Municipal Corporation waives service of rule. Though served, nobody has put in appearance on behalf of respondent No.1.

(2.) By way of the present petition under Article 227 of the Constitution of India, the petitioner - original defendant No.4, has challenged an order dated 18th June, 2013 passed by learned 13th Addl. Senior Civil Judge, Rajkot in Special Civil Suit No.48 of 2004 below application Exh.54 submitted by the original plaintiff to delete the present petitioner as original defendant No.4 from the suit itself. The learned Trial Court has dismissed the said application Exh.54.

(3.) Brief facts, arise from the record, are as under: