SCA/100/7108 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10071 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ================================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================================= NATWARLAL DAHYALAL DARJI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ================================================================= Appearance : MR VIMAL A PUROHIT for Petitioner(s) : 1, MR. AMIT P PATEL, AGP for Respondent(s) : 1,3 MR. K.S. NANAVATI for NANAVATI ASSOCIATES for Respondent(s) : 2, ================================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 18/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner-original SCA/100/7108 2/4 JUDGMENT plaintiff has prayed for an appropriate writ, order and/or direction quashing and setting aside the impugned order dated 11.04.2008 passed by the learned 4th Additional Senior Civil Judge, Jamnagar below application Exh.24 in Regular Civil Suit No. 57 of 2008, by which the learned trial Court has rejected the application submitted by the petitioner-original plaintiff for joining respondent No. 2 herein as party defendant in Regular Civil Suit No. 57 of 2008. 2. Heard Mr. Vimal Purohit, learned advocate appearing on behalf of the petitioner-original plaintiff, Mr. Amit P. Patel, learned Assistant Government Pleader appearing on behalf of respondent Nos. 1 and 3 and Mr. K.S. Nanavati, learned Senior Advocate appearing on behalf of respondent No.2- Reliance Project Engineering Associates Ltd. (Now known as Reliance Jamanagar Infrastructure Ltd.). 3. Today when the matter is called out for final hearing, Mr. K.S. Nanavati, learned Senior SCA/100/7108 3/4 JUDGMENT Advocate appearing on behalf of respondent No.2- proposed defendant has stated at the bar that the respondent No.2 has no objection if the application Exh.24 is allowed and the respondent NO.2- Reliance Project Engineering Associates Ltd. (Now known as Reliance Jamanagar Infrastructure Ltd.) is permitted to be joined as defendant No.3 in Regular Civil Suit No. 57 of 2008. 4. In view of the above, the impugned order dated 11.04.2008 passed by the learned 4th Additional Senior Civil Judge, Jamnagar below application Exh. 24 in Regular Civil Suit No . 57 of 2008 deserves to be quashed and set aside. 5. For the reasons stated above, petition succeeds. The impugned order dated 11.04.2008 passed by the learned 4th Additional Senior Civil Judge, Jamnagar below application Exh. 24 in Regular Civil Suit No. 57 of 2008 is hereby quashed and set aside and the said application Exh. 24 is hereby allowed and petitioner- original SCA/100/7108 4/4 JUDGMENT plaintiff is permitted to join respondent No.2- Reliance Project Engineering Associates Ltd. (Now known as Reliance Jamanagar Infrastructure Ltd.) as defendant No.3 in Regular Civil Suit No. 57 of 2008. Rule is made absolute accordingly. In the facts and circumstances, there shall be no order as to costs. (M.R.SHAH, J.) niru*