[1] This Civil Application is filed under Section 5 of the Limitation Act to condone delay of 4835 days occurred in preferring Civil Application.
[2] It is submitted by Mr.R.R.Marshall, learned advocate for the applicant that during the pendency of reference, original claimant - Kureshi Aebnabu Bikhumiya expired. But no legal heirs were brought on record before the Reference Court and award was passed by the Reference Court. Said award is challenged by the applicant by way of preferring appeal and when notice of rule which was issued returned back, the applicant came to know that original claimant had expired and so there was delay in filing Civil Application for joining legal heirs.
[3] Having heard learned advocate for the applicant and taking into consideration averments made in the application and same has not been controverted by the other side by filing an affidavit or reply, I am of the view that sufficient cause has been stated for not filing the Civil Application in time and hence, delay caused in filing Civil Application is to be condoned and application is required to be allowed.
[4] For the reasons stated above, application is allowed. Delay caused in filing Civil Application for bringing legal heirs on record is condoned. Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Top