Heard Mr.Mehul S. Shah, learned advocate for the applicant. It is contended that the opponent herein-original plaintiff had filed Special Civil Suit No.107 of 2011 for partition wherein several defendants were parties. As can be seen from the impugned order dated 10.12.2012 passed by the trial Court below Exh.65 in the aforesaid suit it is found that only the present applicant is affected.
Mr.Mehul S. Shah, learned advocate for the applicant, therefore submits that the applicant is the only affected party, though he is original third party and the correction is not made in the plaint before the trial Court the present application is filed. It is contended that no prayer is prayed for in the present appeal against the other persons and the prayer is sought only against the plaintiff i.e. opponent herein.
On perusal of the impugned order it appears that so far as the appeal from order is concerned, the applicant-appellant is one of the affected parties.
Considering the aforesaid fact that the applicant is one of the aggrieved parties, the application is allowed. Applicant is permitted to prefer the accompanying appeal from order against the opponent herein.
Registry is directed to give pakka number to the accompanying appeal from order and list on 21.01.2013 for hearing.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 2 of 2