Jagdip Parmanandbhai Raval vs State Of Gujarat

PANKAJ SURENDRABHAI BHATT Versus JAGDIP PARMANANDBHAI RAVAL ============================================= Appearance:

MR RAJESH P.RAVAL ADVOCATE FOR MR HARDIK H. PANDIT for the PETITIONER for the RESPONDENT No. MS VRUNDA C.SHAH AGP for the RESPONDENT Nos.100-103 ============================================= CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT and HONOURABLE MR.JUSTICE A.G.URAIZEE Date : 25/02/2019 IA ORDER (PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT)

1. The present application is taken out with following prayers:

(A) Your Lordship be pleased to admit and allow this Civil Application.

(B) Your Lordship be pleased to allow to join the applicant as Appellant No.100 in Letters Patent Appeal No.303 of 2017 in the interest of justice.

(C) such other and further relief in the necessary and interest of justice be granted.

C/LPA/303/2017 IA ORDER Thus essentially what is sought, is a prayer to permit the applicant to be joined as applicant no.100 in Letters Patent Appeal No.303 of 2017.

2. We are of the view that joining as an appellant to the present proceedings in capacity of additional appellant would not be proper, as in that case it can be said that he too would be permitted to partake of the characteristics of the appellant with advantage and disadvantage, whereas the independent appeal, if it is filed, then the impediment in the way of the appellant and all the questions will have to be faced and answered. Therefore, we are of the view that the appellant is entitled to file appeal in accordance with law, as permissible under law, but he cannot be permitted to be joined as an appellant in the present proceedings which has been initiated in 2017 itself. This is an application filed on 06.04.2018. In that view of the matter leaving that liberty of bringing the fresh appropriate appeal, if permissible under law, the Court is of the view that the application deserves to be rejected and accordingly rejected.

(S.R.BRAHMBHATT, J.) (A.G.URAIZEE, J.) Pankaj Page 2 of 2