This application has been filed with a prayer to permit the applicants to bring the heir and legal representative of deceased opponent No.1 on the record of Special Civil Application No.8616 of 1999, after condoning the delay and setting aside abatement, if any.
Heard Mr.N.S.Desai, learned advocate for the applicants and Mr.Pranav S.Dave, learned Assistant Government Pleader, for respondents Nos.2 and 3.
It is submitted by the learned advocate for the applicants that the factum of death of opponent No.1 only came to the notice of the applicants when the notice was returned unserved, with the endorsement that the opponent No.1 has expired. The applicants were trying to find out the address of opponent No.1 and to make inquiries regarding his legal heirs and representatives, which took a considerable period of time. Priest of the Catholic Church of Nadiad was then approached to issue a Death Certificate. The Death Certificate of opponent No.1, has now been produced as Annexure A to the application. In view of the above, it is submitted that the prayers made in the application may be granted.
Mr.Pranav S.Dave, learned Assistant Government Pleader, submits that appropriate orders may be passed.
In view of the submissions made at the Bar and the explanation rendered by the applicants, as averred in paragraph Nos.2 to 6 of the application, the heir and legal representative of the deceased opponent No.1, as described in paragraph 7 of the application, is permitted to be brought on record of Special Civil Application No.8616 of 1999.
The application is allowed in the above terms. Rule is made absolute, accordingly.
The necessary amendment in the cause title of the petition, be carried out within a period of ten days, from today.
(Smt.Abhilasha Kumari,J) arg Top