This application has been filed with a prayer to condone the delay of 2410 days caused in filing the Civil Application for bringing the applicants on record of Special Civil Application No.6300 of 2002 as heirs and legal representatives of deceased petitioner No.2, Ishwarbhai Valjibhai Patel.
Heard Mr.Shaivang Mehta, learned advocate for the applicants, Mr.Pranav Dave, learned Assistant Government Pleader for respondents Nos.1 and 2 and Mr.Udayan Vyas, learned advocate for Mr.P.J.Vyas on behalf of respondent No.4 and perused the averments made in the application.
It is submitted by Mr.Shaivang Mehta, learned advocate for the applicants that Ishwarbhai Valjibhai Patel, original petitioner No.2 has died on 5-10-2004, leaving behind him the applicants as his only heirs and legal representatives. As the cause of action in the petition survives to the heirs and legal representatives of deceased petitioner No.2, the applicants have moved the present application. It is further submitted that delay has been caused as the applicants were not in the knowledge of the pendency of the petition, and it was only when the learned advocate informed his counterpart who, in turn, informed the applicants that the petition has been fixed for final hearing, that the applicants came to know about the petition. That the applicants then took steps to be joined as party petitioners in the petition in place of deceased Ishwarbhai Valjibhai Patel.
Mr.Pranav Dave, learned Assistant Government Pleader and Mr.Udayan Vyas, learned advocate for respondent No.4 have not raised any serious objections to the grant of the prayers made in the application.
As the reasons advanced by the learned advocate for the applicants, as substantiated by the averments made in the application, go to show that after becoming aware of the pendency of the petition the applicants have taken immediate steps and have not been negligent or careless in pursuing the litigation, the prayers made in the application deserve to be granted.
Accordingly, the application is allowed. The delay of 2410 days caused in filing the Civil Application for bringing the applicants on record of Special Civil Application No.6300 of 2002 as heirs and legal representatives of deceased petitioner No.2 Ishwarbhai Valjibhai Patel, is condoned.
The application is disposed of, in the above terms.
arg (Smt.Abhilasha Kumari,J) Top