By way of this application, the applicant-original petitioner has prayed for bringing on record of the main petition being Special Civil Application No.4619 of 2012, the heirs and legal representatives of deceased-Gangaben, original respondent No.8.
Pursuant to the rule issued by this Court, Mr.Jadeja, learned counsel appears for opponent Nos.1 to 4, Mr.Raval, learned Assistant Government Pleader appears for opponent Nos.5, 6, 15 and 16 and Mr.Motiramani, learned counsel appears for opponent No.7. Though served none appears on behalf opponent Nos.9 to 14.
Mr.Kapadia, learned counsel for the applicant-original petitioner, submits that there is delay of 201 days in filing the present application. That the applicant-original petitioner had no knowledge about the fact that original respondent No.8 had expired on 25.08.2011 till June 2012. Learned counsel appearing for the respective opponents have no objection if the delay is condoned in filing the present application and considering the submissions made by the learned counsel for the applicant-original petitioner, delay of 201 days in filing the present application deserves to be condoned.
Similarly, considering the averments made in the application, the application deserves to be accepted and the applicant-original petitioner be permitted to join the legal heirs and representatives of deceased respondent No.8 on record of the main petition being Special Civil Application No.4619 of 2012.
With these observations the application is allowed. Rule made absolute to the aforesaid extent. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top