S.L.TALATI - (1.)The petitioners challenge by this petition the order passed by the Civil Judge (J.D.) Botad in Regular Civil Suit No. 2 of 1981 which is passed on an application exh. 33 on 24-8-1983.
(2.)In order to appreciate the entire matter full facts are required to be stated.
(3.)A Regular Civil Suit was presented in the Court of Civil Judge (J.D.) at Botad on 5-1-1981. The names of the plaintiffs shown in the plaint were as under (1) Ramniklal Damodardas and (2) Kantilal Damodardas. This Ramaniklal Damodardas is opponent no. 3 in this petition. It appears that Kantilal Damodardas had signed the plaint on 30-11-1980. For one reason or the other the plaint came to be presented by the advocate of the plaintiffs on 5-1-1981. The suit was numbered as Regular Civil Suit No. 2 of 1981. Now it appears that this Kantilal Damodardas expired on 30-11-1980. The death certificate is produced at mark 15/1. This would mean that Kantilal Damodardas expired after signing the plaint on 30-11-1980. However as I have observed earlier the plaint came to be presented on 5-1-1981. This would mean that when the plaint was presented to the Court Kantilal Damodardas was no more alive and he had already died. The result was that it was a plaint by a living person Ramniklal Damodardas and a dead person Kantilal Damodardas.