(per M.R.Calla, J.) This Civil Application has been moved by the applicants for bringing the legal heirs of respondents nos.1 and 2 who have expired. It is submitted that the respondent no.1 had expired earlier during the pendency of the Special Civil Application itself and the respondent no.2 has also expired now after the filing of this Letters Patent Appeal.
Rule. Mr.Bhairavia waives the service on behalf of heirs of deceased respondents. Ms.Harsha Devani, ld.AGP waives the service on beha no.3.
It is submitted that there are no legal heirs as such for either of these two respondents, but the respondent no.2 had executed a Will in favour of the persons named in para 3 of this Civil Application. Mr. Bhairavia, on instructions from the persons named in para 3, has appeared and he has no objection if this Civil Application is allowed and the persons named in para 3 and 5(C) of the prayer are brought on record as respondents in place of respondents nos.1 and 2. Ordered accordingly. This Civil Application is accordingly allowed. Learned Counsel shall take steps to amend the cause title of the main case and shall filed the amended cause title with a week's time from today. Rule is made absolute accordingly.
13th Sept.2000(M.R. Calla, J.) (R.R.Tripathi,J.)