1) By this application, the applicant seeks permission to bring the heirs and legal representatives of opponent No.8 as stated in para-2 of the application on the record of Second Appeal No.101 of 1994.
2) Heard Mr.H.R.Prajapati, learned advocate for the applicant and Mr.B.S.Patel, learned advocate for the respondents No.1 to 7 and 9.
3) Despite service of Rule, there is no appearance on behalf of the proposed heirs.
4) From the averments made in the application, it is apparent that the opponent No.8-Lalitaben Shantilal Patel has expired on 16th April 1994 during the pendency of the second appeal.
5) It is averred in the application that the applicant was not aware about the death of opponent No.8 as the learned advocate, representing the said opponent had not informed the applicant regarding the death of opponent No.8 and it was only when the Registry of this Court indicated that the opponent No.8 is unserved as she has expired, the applicant came to know about the death of the deceased-opponent and, thereafter, took steps for bringing the heirs and legal representatives of the deceased-opponent on record.
6) In the light of the aforesaid, the application deserves to be allowed and is accordingly allowed. The delay caused in filing the present application for bringing on record the heirs and legal representatives of the deceased-opponent No.8 is hereby condoned. The abatement on account of death of opponent No.8 is set aside. The applicant is permitted to bring the heirs and legal representatives of deceased-opponent No.8- Lalitaben Shantilal Patel, as described in para-2 of the memorandum of application on the record of Second Appeal No.101 of 1994. Rule is made absolute accordingly with no order as to costs.
7) Registry to amend the cause title accordingly.
(HARSHA DEVANI,J.) Vahid Top