Madhya Gujarat Vij Company Ltd vs Kailashben Yogendra Shankar ...
2021 Latest Caselaw 3728 Guj

            C/FA/5616/2019                                    IA ORDER



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2020
                    In R/FIRST APPEAL NO. 5616 of 2019
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MADHYA GUJARAT VIJ COMPANY LTD Versus KAILASHBEN YOGENDRA SHANKAR PANDYA ========================================================== Appearance:

MR VIRAL J DAVE for the PETITIONER(s) No. MR PARESH M DARJI for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI Date : 03/03/2021 IA ORDER

1. Rule. Learned Advocate, Mr. Darji, waives service of rule for the respondent.

2. By way of this application, the applicant, who has preferred First Appeal No. 5616 of 2019, challenging the judgment and decree passed in Special Civil Suit No. 159 of 2012, Dated: 01.01.2019, by the learned Principal Sr. Civil Judge, Nadiad, wants the Chief Officer, Nagar Seva Sadan, Nadiad, and GTPL Pvt. Ltd. to be joined as party respondents in the captioned First Appeal.

3. This application appears to be mis-conceived. The persons, whom the applicant wants to join as the party respondents in the First Appeal, were never a party before the trial Court. Even if, they may be held responsible for the ultimate liability, which come to light before the trial Court, were not even attempted to be joined as party-defendants in the Suit by the present applicant, he, therefore, cannot be permitted to join them as parties in the appeal filed by him.

4. In above view of the matter, this application fail and is REJECTED. Rule is discharged.

(UMESH A. TRIVEDI, J) UMESH/-