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Brijlal Atmaram vs Somabhai Atmaram &

High Court Of Gujarat|26 September, 2013
1. The present Civil Application is filed in Misc. Civil Application No. 888 of 2008, praying to join therein heirs and legal representatives of deceased respondent Nos. 2/3 and 2/4. As far as Misc. Civil Application No. 888 of 2008 is concerned, the same is for restoration of Second Appeal No. 234 of 1988, which came to be dismissed by order dated 12.12.2006 for want of prosecution. The said Misc. Civil Application is also posted on board today alongwith the present Civil Application.
2. Heard learned advocates appearing for the respective parties. It was submitted by learned advocate for the appellant that in view of order dated 2.12.2010 passed by this court in the present Misc. Civil Application, may be taken up for consideration and prayed that heirs and legal representatives may be permitted to be joined in the Misc. Civil Application proceedings, so that the prayers for restoration in the said Misc. Civil Application can be considered while making the cause title complete in the case.
3. The said order reads as under.
Heard learned advocate Mr. S. P. Majmudar appearing on behalf of applicant and learned advocate Mr. Amit Thakkar appearing on behalf of opponent No.1. Rule remained unserved for respondent Nos. 2/3 and 2/4, who have expired. Let necessary steps for bringing heirs and legal representatives of respondent Nos. 2/3 and 2/4 on record be taken by applicant on or before 16.12.2010, failing which matter will stand dismissed for default, without reference to this court.
4. It was submitted that the heirs of the deceased respondent Nos. 2/3 and 2/4 are those whose names are mentioned in the cause title. In the facts and circumstances of the case, they are required to be joined as heirs and legal representatives of the deceased respondents.
5. Accordingly, the persons, whose names and addresses are shown as above, are permitted to be impleaded as parties in capacity of heirs and legal representatives of the deceased respondent nos. 2/3 and 2/4. The cause title of the Misc. Civil Application No. 888 of 2008 shall stand amended accordingly. The amendment required in view of this order shall be forthwith carried out in the said Misc. Civil Application by learned advocate for the applicant.
6. It is clarified that present order permitting amendment in the cause title of Misc. Civil Application No. 888 of 2008 is passed in view of so procedurally required by the Registry and as permitted by the abovequoted order. Civil Application for joining heirs in the main appeal, if and when required to be considered after orders that may be passed in Misc. Civil Application No. 888 of 2008 for restoration, the same shall be considered independently and parties shall not be precluded from raising their rights and contentions as regards joining of heirs in the main appeal.
7. Subject to above observation and clarification, this application is allowed.
(N.V.ANJARIA, J.) cmjoshi Page 3 of 3
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