1. The present application has been filed praying to recall the order dated 07.12.2011 passed by this Court in First Appeal No. 1397 of 1996 and to further modify the said order by directing that the respondents no. 1 to 7 are heirs and legal representatives of the respondent no.
8.
2. Mr.
Shah, learned advocate for the respondents has submitted that the decree is final against the respondent no. 8 after deleting the name of respondent no. 8.
3. This court is of the view that such a stand can be termed to be unreasonable. The respondent no. 8 was one of the claimants and the legal heirs being respondents no. 1 to 7 were already on record as claimants. Under bonafide belief and in particularly as the matter is of the year 1996 in view of the drive of taking up old matters, the mistake can be said to be bonafide and accordingly the order dated 07.12.2011 was passed.
4. However, considering the peculiar circumstances this application is allowed in terms of para 8(i). The respondents no. 1 to 7 shall be treated as legal heirs of respondent no. 8 and shall be termed as 8.1 to 8.7. First Appeal is now ready. To be placed for hearing on 23.03.2012.
(K.S.
JHAVERI, J.) Divya// Top