1. By this application, the applicant seeks recall / review / modification of order dated 4.8.2011 and seeks an opportunity for making submissions on merits.
2. Vide order dated 4.8.2011, Civil Revision Application No.1622 of 1996 came to be rejected for want of prosecution as no one appeared on behalf of petitioner.
3. Subsequently, the applicant has moved the present application seeking recall/review/modification of the aforesaid order dated 4.8.2011.
4. Heard Mr. P. B. Khambholja, learned advocate for the applicant and Mr. K. B. Naik, learned advocate for the opponent.
5. A perusal of the averments made in the application indicates that during the pendency of the civil revision application, the original applicant i.e. Ishak Kadar, father of the present applicant expired on 3.3.2000. Thereafter, it appears that no steps have been taken by the applicant or the other heirs of the deceased original applicant for bringing them on record as heirs and legal representatives of the original applicant. In the circumstances, in the absence of any application being made as contemplated under Order XXII Rule 3(1) within the prescribed period of limitation, the civil revision application would stand automatically abated.
6. The applicant herein has moved the present application seeking recall/review/modification of the order dated 4.8.2011. However, the applicant has not taken any steps for setting aside the abatement of civil revision application No.1622 of 1996 or for bringing the heirs and legal representatives of the deceased original applicant - Ishak Kadar on record.
7. In the circumstances, in the absence of the heirs and legal representatives of the deceased original applicant being brought on record, the civil revision application stood abated. Therefore, the question of reviewing / recalling / modifying the order dated 4.8.2011 does not arise in the present case as the civil revision application No.1622 of 1996 itself stood abated on account of death of the original applicant.
8. In the light of the aforesaid, no case is made out for recalling the order dated 4.8.2011. The application is accordingly rejected.
(HARSHA DEVANI, J. ) (vipul) Top