1. By this application, the applicants seek permission to be joined as parties in Second Appeal No.2 of 2012 as heirs and legal representatives of deceased Daud Ibrahim Udhradar and also seek condonation of delay of 1588 days caused in filing the present application.
2. Heard Mr. Sunil L. Mehta, learned advocate for the applicants.
3. A perusal of the record of the case indicates that the judgment and decree which is subject matter of challenge in the second appeal has been passed on 12.8.2011. The sole appellant therein is Daud Ibrahim Udhradar. It appears that during the pendency of the appeal before the lower appellate court, no steps had been taken by the applicants herein for being brought on the record of the said appeal as heirs and legal representatives of the deceased appellant. In the circumstances, the appeal before the lower appellate court itself stood abated upon the death of the deceased appellant in the absence of his heirs and legal representatives being brought on record within the prescribed period of limitation.
4. It is settled legal position that if a party dies during the pendency of any proceedings, the heirs and legal representatives of the said party are required to be brought on record in the very same proceedings. In the circumstances, the deceased appellant having expired during the pendency of Regular Civil Appeal No.29 of 2007, the appeal itself stood abated and as such, the heirs and legal representatives of the deceased appellant cannot be brought on record of the second appeal.
5. In the light of the aforesaid discussion, the application cannot be entertained and is accordingly rejected.
(HARSHA DEVANI, J.) (vipul) Top