- (1.) HEARD learned counsel for the applicant on application (IA No.14067/2011) filed under Section 146 read with Order XXII, Rule 10 CPC for being impleaded as party.
(2.) IT is, inter alia, indicated in application that respondent No.1 M/s. Jeevan & Sons is a partnership Firm registered under Indian Partnership Act, 1932 ('the Act of 1932') and was working around Abu Road area; one Mr. Magan Bhai from Ahmedabad came in contact with partners of the Firm, in whose favour, a power of attorney was executed on 28.03.1975; whereafter, the litigation from which the present dispute arises was contested by the said Magan Bhai on behalf of the Firm; whereafter, an agreement dated 20.10.1999 was executed by the then partners of the Firm Trikamlal Jeevan and Morarjee Jeevan; whereafter, both the partners died in the year 2001 and as now the said Magan Bhai has become old, he has by the Deed of Assignment dated 23.03.2011 in his capacity as power of attorney holder and in his individual capacity, assigned the same to Surendra Bhai Patel, the present applicant and, therefore, the interest having been devolved on the said Surendra Bhai Patel, he being impleaded as party respondent under Order XXII, Rule 10 CPC and be permitted to prosecute and conduct the appeal. No reply to the application has been filed by the appellant. It is submitted by learned counsel for the applicant that the rights as possessed by Magan Bhai in his personal capacity and by the Firm as its power of attorney holder, were assigned to the applicant vide Deed of Assignment dated 23.03.2011 and, therefore, he be impleaded as party. It was pointed out that the legal representative of one of the partners had earlier filed application indicating that the appeal be dismissed as having abated. Whereafter he has been impleaded as party under Order XXX, Rule 4 CPC, however, in view of the conduct of said legal representative of the applicant, to safeguard or the interest of the Firm/Magan Bhai, the applicant deserves to be impleaded as party respondent in the present appeal.
(3.) RELIANCE was placed on judgment in case of Sagora Bibi v. Sk. Manik & Ors.: AIR 1987 CALCUTTA 86.;