K G Patel vs Vadodara District Panchayat
2021 Latest Caselaw 1823 Guj

        C/FA/3609/2019                                           IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       CIVIL APPLICATION (FOR JOINING PARTY) NO. 2 of 2019
                In R/FIRST APPEAL NO. 3609 of 2019
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CHHOTA UDAIPUR DISTRICT PANCHAYAT Versus K G PATEL ========================================================== Appearance:

for the PETITIONER(s) No. MR HS MUNSHAW for the PETITIONER(s) No. MR JIGAR P RAVAL for the RESPONDENT(s) No. NOTICE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 08/02/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

In the facts of the case, Rule, returnable forthwith. Learned advocate Mr.Jigar Raval appears for respondent No.1. Though other respondents are served, they have chosen not to appear.

2. The present is an application whereby Chhota Udaipur District Panchayat through its Executive Engineer seeks to implead itself as party respondent No.3 in the proceedings of First Appeal No.3609 of 2019. The said First Appeal arises out of dismissal of the suit by judgment and order dated 20th February, 2019 by leaned Judge, Commercial Court, Vadodara, which was the suit filed by the plaintiff-contractor for recovery of the amount in connection with the construction of the canal.

C/FA/3609/2019 IA ORDER

3. It is the undisputed position stated by the applicant that subsequently re-organisation of districts and talukas have taken place. The Chhota Udaipur district is carved out and new Chhota Udaipur District Panchayat is constituted. The canal in question in connection with the construction of which the suit for recovery was filed, was earlier falling within the erstwhile Vadodara district. Now, after creation of new district of Chhota Udaipur and establishment of applicant Chhota Udaipur District Panchayat, canal falls within the territorial limits of the applicant Panchayat.

4. The applicant Panchayat is, therefore, interested in the outcome of the appeal arising from the proceedings of the suit as above. The applicant is therefore a necessary and proper party required to be joined.

5. Resultantly, the present application is allowed. The applicant-Chhota Udaipur District Panchayat is joined as party respondent No.3 in First Appeal No.3609 of 2019. The cause-title of the appeal and connected proceedings shall be amended accordingly. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP