1. By this application, the applicants seek permission to bring the respondents No.1/1/1 to 1/1/14 as heirs and legal representatives of original respondent No.1/1 - Bhagvandasji Shivaji Chavda on record of Second Appeal No.47 of 2010 by substituting the said respondents in place of respondent No.1/1.
2. Heard Mr. Mahendra K. Patel, learned advocate for the applicants and Mr. Dhaval Vyas, learned advocate appearing on behalf of some of the respondents. Though served, there is no appearance on behalf of the other respondents.
3. A perusal of the death certificate indicates that Chavda Bhagaji son of Chavda Shivaji Piyuji has expired on 13.10.2010. Mr. Mahendra K. Patel, learned advocate states that the respondent No.1/1 - Bhagvandasji Shivaji Chavda is the same person.
4. In the light of the aforesaid as well as considering the death certificate produced along with the application, it is apparent that the respondent No.1/1 has expired on 13.10.2010 after the judgment and decree dated 20.5.2008 came to be passed by the learned Presiding Officer, Fast Track Court, Mehsana in Regular Civil Appeal No.59 of 2003, which is the subject matter of challenge in the second appeal. Under the circumstances, it is necessary to bring the heirs and legal representatives of the deceased respondent No.1/1 on record.
5. Considering the averments made in the application, it appears that sufficient cause has been made out for not filing the present application within the prescribed period of limitation. In the circumstances, delay that has occasioned in preferring the present application also deserves to be condoned.
6. For the foregoing reasons, the application is allowed. The delay of 169 days caused in filing the present application is hereby condoned. The applicants are permitted to bring respondents No.1/1/1 to 1/1/4 as heirs and legal representatives of deceased respondent No.1/1 - Bhagvandasji Shivaji Chavda on record of Second Appeal No.47 of 2010 by substituting the said respondents in place of respondent No.1/1. Rule is made absolute accordingly, with no order as to costs.
7. Registry is directed to amend the cause title accordingly.
(HARSHA DEVANI, J.) (vipul) Top