Aggrieved by the order passed by learned City Civil Judge in Civil Suit No. 644/2007 dated 30th September, 2011, the present petition is preferred under Article 227 of constitution of India On hearing learned advocate for the petitioner and on perusal of the record with his assistance, it emerges that the Court permitted the 3rd party who are heirs of defendant, brother of the plaintiff to be impleaded as the party defendants and directed the petitioner to amend plaint in accordance with law.
The issue which is challenged before this Court is admittedly for impleadment of parties. There are certain criminal complaints also filed in respect of the subject matter. Petitioner himself submits that his brother, Mehendrabhai Gajjar is not available for a very long time. Petitioner is unable to point out whether the summons of the suit was served to such person or not and if yes, at which address. Thus, in such circumstances, when wife and children of Shri Mahendrabhai Gajjar sought to implead themselves as party dependants, after taking note of objections raised by petitioner, trial Court rightly permitted these persons as necessary parties for appropriately adjudicating the dispute raised by the petitioner. They are only proper parties but they are necessary parties as well for solving the disputes which are at large before the trial Court. In the opinion of this Court neither there is any jurisdictional error pointed out in the present petition nor any error apparent on the face of the record emerges which requires any interference under supervisory jurisdiction. . Hence this petition is dismissed.
(Ms.Sonia Gokani,J) bina Top