On the last date, viz. 05.05.2010, the Court passed the following order:
The matter is taken up at his request.
3. Learned Assistant Government Pleader Mr.Pathak pointed out to this Court that the original person, i.e. Shri Mohanbhai Devjibhai Patel has expired somewhere in the year 2003. He does not have any specific instructions as to whether the present Power of Attorney Holder of the heirs and legal representatives of said Shri Mohanbhai Devjibhai Patel disclosed this fact of death of said Shri Mohanbhai Devjibhai Patel to the Court, before the suit was decreed in the year 2009.
The learned Assistant Government Pleader prayed for some time to enable him to take instructions as to whether this fact was disclosed or not. Though the party-in-person has acknowledged in writing about the date of hearing today, the party-in-person has chosen not to remain present. The reason is obvious. He was not comfortable in the Court. He was also able to assess successfully that the Court is not accepting any of his submissions. Therefore, deliberately he is not present in the Court today. This is nothing but avoiding adverse order being passed against him.
2. Learned Assistant Government Pleader Mr.Pathak, on instructions from Mr.Ashok Patel, Mamlatdar, Karjan apprised this Court that a lady, who is appearing along with the party-in-person stating to be the daughter of the party-in-person was not the correct identity disclosed to this Court. The learned AGP further apprised to this Court that on perusal of the record of the court below it is learnt that the party-in-person has not disclosed the factum of the death of deceased-Mohanbhai Devjibhai Patel occurred in 2003, in a pending suit which came to be decreed in the year 2009.
The officer has definite information and he has personal knowledge of the fact that the lady, who pretended to be the daughter of the party-in-person is, in fact, a practising lawyer at Vadodara. It is also disclosed to this Court that she is a junior colleague of Shri Ashvin Acharya, learned advocate, who has filed the suit on behalf of Shri Narendrabhai Chaturbhai Patel, Power of Attorney Holder of deceased-Mohanbhai Devjibhai Patel. The matter assumes seriousness, more particularly, in light of the fact that a practising advocate at Vadodara from the Office of the Mr.Ashvin Acharya has appeared before this Court on an incorrect identity. This is placed on record so that in future, when the party-in-person approaches any other court or forum, this can be taken note of. For non prosecution of the matter, the matter is dismissed. Notice is discharged.
3. It will be open for the present respondent to file an appropriate application for setting aside the decree passed in the suit in light of the aforesaid facts which the Court will consider in accordance with law.
(RAVI R. TRIPATHI, J.) karim Top