ARVINDRAY MAGANLAL DESAI Vs. MANUBHAI MAGANLAL DESAI

JUDGEMENT

(1.) LEAVE to amend the memorandum of the petition is granted.

(2.) RULE. Mr. Harsh M. Surti, learned counsel waives service of notice of Rule on behalf of respondent no. 1. The respondent no. 2 has expired and it is stated by Mr. K. M. Parikh for the petitioner that the heirs and legal representatives of the said respondent have not yet been joined in the suit by the respondent no. 1-original plaintiff. The respondent nos. 3 and 4 have been served but have not appeared before this Court. The said statement is not disputed by learned counsel Mr. Harsh M. Surti for respondent no. 1.

(3.) THIS petition under Article 226 and 227 of the Constitution of India has been preferred with a prayer to quash and set aside the order dated 2/9/2008 passed by the learned Principal Civil Judge, Olpad in Regular Civil Suit No. 9 of 2007 whereby the application of the petitioner under Order 1 Rule 10 of the Civil Procedure Code for being joined as a party defendant in the suit has been rejected.