1. Leave to amend the prayer clause.
2. RULE.
Shri Neeraj Buch, learned advocate waives service of notice of rule on behalf of the proposed heirs of original respondent no. 1-Sushilaben Vithaldas and on behalf of respondent no. 3.
3. The present application has been preferred by the applicant permitting him to bring the heirs and legal representatives of respondent no.1-Sushilaben Vithaldas on record of Civil Application No. 8414/2011, which has been preferred to condone the delay in preferring Civil Revision Application (Stamp) No. 151/2011 as well as Civil Application No. 12565/2011.
4. Having heard the learned advocates appearing on behalf of respective parties and keeping the question with respect to condonation of delay in preferring the Civil Revision Application open to be considered independently in Civil Application No. 8414/2011, the present application is allowed and the delay caused in preferring the application for bringing the heirs of respondent no. 1 on record is hereby condoned and consequently the applicant is permitted to bring the heirs and legal representative of original respondent no. 1 as mentioned in the present application in Civil Application No. 8414/2011, Civil Revision Application (Stamp) No. 151/2011 as well as Civil Application No. 12565/2011. However, it is made clear and observed and as agreed by the learned advocates appearing on behalf of the respective parties that by condoning the delay in preferring the application for bringing the heirs on record, it may not be construed that this Court has considered to condone the delay in preferring Civil Revision Application No. 151/2011 and Civil Application No. 8414/2011 in Civil Revision Application (Stamp) No. 151/2011 shall be considered in accordance with law and on its own merits and independently. Rule is made absolute to the aforesaid extent. No cost.
5. Registry is directed to amend the cause title of the aforesaid proceedings accordingly.
(M.R.
SHAH, J.) siji Top