(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Present application is to bring on record the legal heirs of deceased Fali Idulji Ilaviya- original respondent No.5.
2. This Court, vide order dated 19.3.2010, had passed following order:-
"The case comes up under Order 22 of the Civil Procedure Code for bringing the legal representatives of the deceased respondent no. 5 - Fali Idulji Ilaviya on record. The application is hotly opposed and therefore, it is required to be adjudicated by taking the evidence, application and its replies, copies of which will be filled by the respective parties, by the Tribunal. The Tribunal, after taking the evidence, will determine as to whether the proposed legal representatives are required to be brought on record of this court or not. After adjudication, the finding will be remitted to this Court."
Thereafter, the parties had appeared before the Tribunal and the Tribunal has submitted its report with order dated 4.5.2012 and as per the reasons recorded by the Tribunal, conclusion is as under:-
"Considering this particular aspect of the case, in my view, legal heirs of deceased owner are required to be brought on record. When the legal heirs of the deceased have not raised any objection as against the implementation, in my view, to avoid technicalities, they may be brought on record of the Hon'ble High Court as legal heirs of deceased Fali Idulji Ilaviya."
2. Learned counsel Mr. Pandya submitted, without prejudice to the rights of the proposed legal heirs, that they have not inherited the property of the deceased. If they are permitted to be on record, his clients may not have objection, but if any liability is fastened upon the owner of the vehicle and consequently upon the applicant, as if legal heirs, they may have objection.
3. In our view, the said aspect can await at the time of final hearing in the event such contingencies are arisen. At this stage, only the question of joining is permitted keeping the remaining aspects open at the time of final hearing of the matter.
4. Under the circumstances, legal heirs of deceased Fali Idulji Ilaviya are permitted to be on record as prayed for in the application. Application is disposed of accordingly. Rule is made absolute to the aforesaid extent.
(JAYANT PATEL, J.) (C.L.
SONI, J.) omkar Top