1. This application has been filed with a prayer to bring on record the heirs and legal representatives of deceased-petitioner Shri Gopalbhai Jerambhai Patel, by condoning the delay caused in filing the application.
2. Heard Mr.Mehul Sharad Shah, learned advocate for the applicants (original petitioners) and Ms.Nisha M. Thakore, learned Assistant Government Pleader for the respondents, and perused the averments made in the application.
3. It is submitted by the learned advocate for the applicants that the applicants are the widow and the children of the deceased-petitioner. They were not aware of the pendency of the litigation or of the fact that the petition had been admitted, therefore, though the original petitioner died on 09.09.2008, steps regarding bringing on record his heirs and legal representatives, could not be taken in time. As the interest of the deceased-original petitioner survives in the applicants, who are his heirs and legal representatives, the interest of justice would be met, if the prayers made in the application are granted.
4. Ms.Nisha M. Thakore, learned Assistant Government Pleader, states that the Court may pass appropriate orders, in view of the averments made in Paragraph-3 of the application.
5. Having heard the learned counsel for the respective parties, and on perusal of the reasons stated in the application, it appears that the explanation rendered by the applicants for not taking steps earlier is plausible and ought to be accepted. It is mentioned in Paragraph-3 of the application that after the demise of the original-petitioner on 09.09.2008, the applicants made an attempt to contact the learned advocate, who was appearing on behalf of the petitioner-deceased, but could not do so. They, thereafter, approached another learned advocate for filing an application to bring them on record as heirs and legal representatives of the deceased-petitioner, therefore, delay has occurred in filing the present application.
6. In view of the above facts and circumstances, the following order is passed:
The delay caused in filing the present application is condoned and abatement is set aside. The application is allowed and the applicants are permitted to be brought on record of Special Civil Application No.7547 of 2007, as petitioners in place of deceased-original petitioner. The necessary amendment in the Memorandum of the petition be carried out, within one week from today.
The application is disposed of.
(Smt. Abhilasha Kumari, J.) rakesh/ Top