REVABHAI SHAMALDAS PATEL Vs. PRATAPSINH VAJESINH RATHOD

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 5.5.2007 passed by the learned Presiding Officer, First Fast Track Court, Mehsana, in Regular Civil Appeal No.16 of 2005, whereby the judgment and decree passed by the learned Joint Civil Judge (Junior Division), Vijapur, on 17.1.2005 in Regular Civil Suit No.211 of 1978 has been set aside, the appellant has preferred the present Appeal.

(2.) THE Appeal has been admitted on 22.4.2008, on the following substantial question of law:

(3.) THE appellant herein is the defendant No.1, the respondent No.1 (plaintiff No.1) is the son of respondent No.2 (plaintiff No.2), who has since expired. The respondents Nos.3 and 4 (original defendants Nos.2 and 3), are represented by their legal heirs, but have not put in their appearances, even after service of notice. For the sake of convenience, the parties will be referred to in the capacity in which they appear in the present Appeal.