NATVARLAL ASHABHAI PATEL Vs. DIPAKKUMAR NATVARLAL PATEL

JUDGEMENT

(1.) By way of the present petition filed under Articles 226 and 227 of the Constitution of India, the petitioners - original plaintiffs have challenged the order dated 07.03.2017 passed in 5th Additional Civil Judge, Ahmedabad (Rural) at Mirzapur in Regular Civil Suit No. 1056 of 2015 below Exh. 12 filed under Order - 8, Rule - 10 of the Code of Civil Procedure, 1908, (herein after referred to as 'the Code' for brevity), by which, the application submitted by the present petitioners - original plaintiffs has been rejected.

(2.) In the present petition, notices were issued to the respondent - original defendant on 24.03.2017, which made returnable on 17.04.2017. Though the respondent - original defendant served, he has chosen not appear before this Court nor engaged any lawyer to defendant the case. Therefore, the following order was passed on 17.04.2017:

(3.) The said order has also been served to the respondent. However, again he has chosen not to appear before this Court nor engaged any lawyer to defend the case. Hence, the present matter is taken up for final hearing in view of the fact that therefore the Court has permitted the respondent - original defendant, has not shown any concern at all about the suit filed by his family member with regard to the property in question.