(1) RULE.
Mr.A.N.Shah, learned Assistant Government Pleader, appears and waives service for the respondents. With consent of the parties, the matter is taken up for final hearing.
(2) The applicant is a widow of the original petitioner - M.A.Chavda, who has filed the main writ petition being Special Civil Application No.1739 of 1994, which came to be admitted by this Court. Mr.Sen, learned advocate for the applicant, pointed out that the original petitioner expired on 24.03.2006 and the present applicant being a housewife and an illiterate lady was not aware about the fact of pending litigation in the form Special Civil Application No.1739 of 1994. It was further pointed out that in fact the applicant came to know about some litigation and, therefore, she came to Ahmedabad and made an attempt to enquire from the advocate of her husband Shri M.C.Shah, learned Senior Advocate of this Court, and during such an attempt the applicant came to know that unfortunately the said advocate Mr.Shah had also expired and, therefore, the present delay of 1775 days.
(3) Considering the averments made in the application and the fact that the applicant is a housewife and an illiterate lady, even though there is enormous delay of 1775 days in applying for substitution as legal heir of the original petitioner, a lenient view is required to be taken considering the facts and circumstances of this application. Even while taking such a lenient view this Court has thought it fit not to impose any cost because the present applicant is a widow and without any proper means and, therefore, to see that substantial justice is done, the delay deserves to be condoned.
(4) Mr.Shah, learned Assistant Government Pleader for the respondents, though has raised formal objections, however, considering the above facts, the applicant has been able to establish that there was sufficient cause which prevented her from filing the application for substitution. Hence, the present application deserves to be allowed and the delay deserves to be condoned.
(5) In view of the foregoing, the application is allowed. RULE is made absolute to the aforesaid extent. There shall be no order as to costs.
(6) Registry to carry out the amendment accordingly and give pakka number to the application filed by the present applicant for being joined as legal heir of the original petitioner i.e. deceased M.A.Chavda in the writ petition. List the matter on 31.01.2012.
Sd/-
[R.M.CHHAYA, J ] Bhavesh* Top