By filing this application applicant/appellant/original plaintiff prayed to join Opponent Nos. 5/A to 5/F as the heirs and legal representatives of the original opponent No. 5 Rafikmiya Ahmedmiya Shaikh in Appeal from Order No. 197 of 2001 who has died on July 14, 2001, on the grounds stated in the application.
2.It is stated in the application that Rafikmiya Ahmedmiya Shaikh who was respondent No.5 in Appeal from Order No. 197 of 2001 has expired on July 14, 2001 and the opponent Nos. 5/A to 5/F are the heirs and legal representatives of deceased Rafikmiya Ahmedmiya Shaikh. They are not only necessary but proper parties for adjudicating the issue raised in the Appeal from Order and, therefore, in the interest of justice the applicant may be permitted to join them as party respondent in the said Appeal from Order.
3.I have heard Mr. Y.N.Ravani, learned advocate for the applicant. I have perused the averments made in the memo of the application and the grounds set out therein.
4.On the facts and in the circumstances emerging from the record of the case and more particularly since respondent No.5 Rafikmiya Ahmedmiya Shaikh has died on July 14, 2001 and this application is filed on July 28, 2001 which is within the prescribed time of limitation and the opponent Nos. 5/A to 5/F who are the heirs and legal representatives of the deceased Rafikmiya Ahmedmiya Shaikh, they are not only necessary parties but proper parties, their presence would be very much necessary to adjudicate the issue raised in the Appeal from Order and hence, this application deserves to be allowed by granting prayer made therein.
5.For the foregoing reasons, application succeed and accordingly it is allowed. Prayer made in terms of para 39(A) is granted. The applicant is permitted to join opponent Nos. 5/A to 5/F as heirs and legal representatives of deceased respondent No.5 Rafikmiya Ahmedmiya as party respondent in Appeal from Order No. 197 of 2001. On amending the cause title, registry is directed to issue notice in Appeal from Order to newly added respondent making it returnable on April 23, 2002. The applicant is directed to amend the cause title accordingly within a period of one week hereof.
(A.M.Kapadia, J) Jayanti*