Present application under section 5 of the Limitation Act has been preferred by the applicants herein - heirs and representatives of the original plaintiff to condone the delay of 71 days caused in preferring the main Second Appeal.
It is reported that the respondent No.1 has expired. It is also reported that the respondent No.2 to 10 herein are the heirs and representatives of the original respondent No.1. Under the circumstances, the learned advocate appearing on behalf of the applicants seeks permission to delete respondent No.1 herein.
As the respondent No.2 to 10 herein are the heirs and representatives of the original respondent No.1 and the estate is represented, permission as prayed for is granted and the respondent No.1 stands deleted.
Having heard the learned advocates appearing on behalf of the respective parties and considering the averments made in the application in support of the prayer to condone the delay and as the application is not seriously opposed by Mr.P.P. Majmudar, learned advocate appearing on behalf of the contesting respondent Nos.2 to 10, present application is allowed and delay caused in preferring the main Second Appeal is hereby condoned. Rule is made absolute accordingly. No costs.
[M.R.
SHAH, J.] rafik Top