1. By this application, the applicants seek permission to be joined as parties in Second Appeal No.242 of 2011 as heirs and legal representatives of deceased Mohmad Asmal Baru - the appellant No.2 in the second appeal and also seek condonation of delay of 944 days caused in filing the present application.
2. Heard Mr. Sunil L. Mehta, learned advocate for the applicants.
3. A perusal of the record of the case indicates that the judgment and decree impugned in the second appeal is dated 12.8.2011 whereas the deceased appellant No.2 has expired on 21.2.2009 i.e. during the pendency of the appeal before the lower appellate court. It appears that during the pendency of the appeal before the lower appellate court, no steps had been taken by the applicants herein for being brought on the record of the said appeal as heirs and legal representatives of the deceased appellant No.2. In the circumstances, the appeal before the lower appellate court itself stood abated qua the deceased appellant No.2 in the absence of his heirs and legal representatives being brought on record within the prescribed period of limitation.
4. It is settled legal position that if a party dies during the pendency of any proceedings, the heirs and legal representatives of the said party are required to be brought on record in the very same proceedings. In the circumstances, the deceased appellant No.2 having expired during the pendency of Regular Civil Appeal No.30 of 2007, the appeal itself stood abated qua the said appellant and as such, the heirs and legal representatives of the deceased appellant No.2 cannot be brought on record of the second appeal.
5. In the light of the aforesaid discussion, the application cannot be entertained and is accordingly rejected.
(HARSHA DEVANI, J.) (vipul) Top