1.Rajesh Dayabhai Vaidya-appellant (original defendant No.1) has filed this Second Appeal under Section 100 of the Code of Civil Procedure against judgment and decree dated 2nd July, 1999, passed by the learned Assistant Judge, Ahmedabad (Rural) at Gandhinagar in Regular Civil Appeal Nos.12 and 18 of 1997.
2.When the matter was heard on 26th March, 2002, it was pointed out that during the pendency of the Second Appeal when notice was issued the appellant filed Civil Application No.11467 of 1999 in which it was stated that Laxmanji Baldevji Chavda - original defendant No.2 (respondent No.2 in the present Second Appeal) has died on 15th February, 1999, and he ought to have file an application for change of cause title when the proceedings were pending. However, at that time Mr.Shukla learned advocate for the appellant stated that the respondent No.2 has died on 15th February, 1999, and decree was passed on 2nd July, 1999. However, according to his instruction, the arguments were over much earlier and therefore the appellant may not have to file application for bringing heirs on record of the appellate court. He has also relied on the affidavit of Mr.Ashwin Joshi dated 14.12.1999 in support of the contention. In support of the same the learned advocate for the appellant has relied on Rule 6 Order 22 of Civil Procedure Code and thereafter this Court passed order on 26th March, 2002, calling for the record and proceedings of the case.
3.Mr.Mehta, learned advocate on behalf of M/s.Vyas Associates stated that after the record and proceedings received, from the Rojnama it appears that after 15th February, 1999, hearing of the suit continued on 20.2.99, 3.3.99, 24.3.99, 6.4.99, 30.4.99, 16.6.99. In view of this the contention of the learned advocate for the appellant is not right. He has to file a necessary application before the trial court for amending the cause title. Learned advocate for the appellant is requested to do the same.
4.In view of the same, the matter is adjourned to 16th September, 2002.
(K.M. Mehta, J.) syed/