MADHAVJI JERAM KOTAK Vs. JAY LAXMI GOPALJI SURJI

JUDGEMENT

(1.) Heard the counsel for the parties. Perused the relevant pleadings.

(2.) A preliminary objection is taken on behalf of the plaintiffs that the applicant, who is a third party, cannot be permitted to seek relief "simplicitor" of vacating the ad-interim order passed by this Court on 17-10-2006 without a formal prayer for being joined as a party-defendant to the suit.

(3.) The applicant-third party, however, contends that the applicant is entitled for asking the relief simplicitor of vacating the order dated 17-10-2006 without being joined as a party to the suit. According to the applicant, this application has been filed under Order XXXIX, Rule 4 of the Civil Procedure code, which permits even a third-party to apply for vacating an interim order passed by the Court.