1. This application has been filed by the applicant (original petitioner) with a prayer to join the heirs and legal representatives of respondent No.6-deceased-Dahyabhai Kanabhai Patel (original respondent No.6), as party respondent in Special Civil Application No.11554 of 2006.
2. Heard Mr.A.R. Thacker, learned advocate for the applicant and Mr.Neeraj Soni, learned Assistant Government Pleader for respondents Nos.1 to 3 and none appears for respondents Nos.4, 5 and legal heirs of respondent No.6, though served.
3. It is submitted by Mr.A.R. Thacker, learned advocate for the applicant that respondent No.6 expired on 22.11.2011, as per the copy of the Death Certificate annexed to the application and the heirs and legal representatives of deceased-respondent no.6 have been served, therefore, required to be brought on the record of the petition.
4. Having heard the learned counsel for the respective parties, the following order is passed:
The application is allowed. The delay caused in filing the application is condoned and abatement is set aside. The heirs and legal representatives of deceased-respondent No.6 as enumerated in Paragraph No.2 of the application are permitted to be brought on the record of the petition. The necessary amendment in the cause-title of Special Civil Application No.11554 of 2006 be made, within a period of one week, from today.
5. The application is disposed of. Rule is made absolute to the above extent.
(Smt.
Abhilasha Kumari, J.) rakesh/ Top