Gujarat Court July 1971 Judgments
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Soni Vrajlal Jethalal Vs. Soni Jadavji Govindji and ors.
Court: Gujarat
Decided on: Jul-08-1971
Reported in: AIR1972Guj148; (1972)GLR555
ORDER1. This is a very unfortunate proceeding in which the plaintiff. A minor at the time of the institution of the suit has been pushed by different orders of different Courts from pillar to post with the result that 15 years after its institution, his suit has not been entertained by any court till today. There is no dispute that his suit is of a civil nature and he complains of a civil wrong done to him for which there must not only be a remedy but there must also be a forum for availing of the remedy.2. The plaintiff minor through his next friend filed a regular civil suit No.56 of 1956 against one Jadavji Govindji, who died pending the suit and his heirs defendants Nos.1/1 to 1/9 have been brought on record, and defendant No.2 one Parshottam Gagubhai, alleging that they were trustees of a trust created by the father of the plaintiff and they were realising the income of the trust property and that they should render accounts of the income of the trust property received by them and...
Amarsing Ratansing and anr. Vs. Gosai Mohangir Somvargir and ors.
Court: Gujarat
Decided on: Jul-08-1971
Reported in: AIR1972Guj74
1. In this appeal two questions arise, namely, the document, Ex. 45, under which the plaintiffs who are respondents No. 1 to 3 before me claimed possession of the property from the defendants who are appellants. Nos. 1 and 2 and respondent No. 3 before me, was in the nature of a gift deed or a will and, secondly, if it was a gift deed whether it was legally and validly attested. The said question arise in the following circumstances.The plaintiffs filed a suit in the Court of Third Joint Civil Judge (J. D.) at Baroda being Regular Civil Suit No. 691 of 1961 for recovery of the possession of a residential building bearing census No. Ba/4,409 situated at Siyabaug, Babajipura. Baroda from the defendants. They were claiming the title of the property under the deed of gift. Ex. 45, executed by one Bai Andar the widow of Rama Rayji executed on September 2, 1946. By the said gift the said Bai Andar gifted all her properties to the plaintiff No. 3 Bai Chanchal who happened to be her niece, bei...
Nathu and ors. Vs. State of Gujarat and ors.
Court: Gujarat
Decided on: Jul-07-1971
Reported in: AIR1972Guj35
(1 to 3) x x 4. Mr. Shah next urged that in the instant case, the plaintiff No.1 was a lunatic and he was represented by plaintiff No.2 as his guardian. Plaintiff No.2 could not withdraw the suit unless the court was satisfied that withdrawal of the suit was in the interest of the lunatic. He, therefore, urged that the withdrawal of the suit by plaintiff No2 was not legal, and in the interest of justice, the court should permit the next friend of plaintiff No.2 to proceed with the suit. In this connection, Mr. Shah referred to Order 23, Rule 1 and Order 32, Rule 7 of the Code of Civil Procedure. Order 23, Rule 1, states--'(1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of his claim'.Sub-rule (2) states--'(2) Where the court is satisfied-- (a) that a suit must fail by reason of some formal defect, or (b) that there are other sufficient grounds for allowing the plaintiff to institute a fresh su...
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