JAYESHKUMAR CHHAKADDAS SHAH Vs. GORDHANJI MAFAJI THAKOR

JUDGEMENT

(1.) THE petition filed under Article 227 of the Constitution of India contains the following prayers:-

(2.) THE facts leading to the petition, in brief, are as under :-

(3.) LD. Senior Advocate Mr. A. J. Patel for learned advocate Mr. Darji for the petitioner submitted that the trial Court committed illegality in rejecting said application of the present petitioner. It is submitted that the petitioner is not a stranger, but he had purchased the suit land by sale-deed dated 23/3/2007 executed by none other than the original plaintiff Mafaji. It is submitted that now the original parties to the suit have colluded with each other and the original plaintiff has expressed his intention to withdraw the suit by filing a pursis to that effect on 19/7/2007. It is submitted the petitioner, third party is very much interested in the subject matter of the suit and especially the relief claimed by the original plaintiff in the suit. The relief prayed for by the original plaintiff in the suit is cancellation of the sale-deed executed by original defendant No. 1, the so called power of attorney holder of original plaintiff in favour of the original defendant No. 2. It is submitted that the petitioner third party is also interested not only in the cause of action pleaded in the suit, but even in the relief prayed for by the original plaintiff in the suit. Ld. Senior Advocate Mr. Patel submitted that the petitioner is not objecting to the withdrawal Pursis in the sense that if the original plaintiff is not interested to proceed further with the suit, he may not be compelled by the Civil Court to proceed with the suit and the Civil Court should permit him to get himself detached from the suit and the present petitioner who intends to be joined in the suit as plaintiff No. 2, shall proceed further with the suit because he is not only interested in the cause of action pleaded in the suit, but even in the relief prayed for by the the original plaintiff in the suit. Therefore, it is submitted that the petition be allowed and the impugned order passed by the Civil Court be set aside and the petitioner be permitted to be joined in the suit as plaintiff No. 2.