1. RULE.
Shri U.M. Shastri, learned advocate waives service of notice of rule on behalf of the respondent-heir and legal representatives of the original respondent.
2. He has stated at the bar that he shall file the Vakalatnama on behalf of the heir of the original respondent.
3. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
4. The present application has been preferred by the applicant-original appellant permitting him to bring the heir and legal representatives of the original respondent on record.
5. Having heard the learned advocates appearing on behalf of the respective parties, the present application is allowed and the applicant is permitted to bring the heir of original respondent herein on record of Second Appeal No. 39/2001 as respondent no. 1/1 as heir and legal representative of original respondent-Maniben Kalubhai Bamania (now deceased). Rule is made absolute accordingly. No cost.
6. Registry is directed to amend the cause title of the Second Appeal accordingly.
(M.R.
SHAH, J.) siji Top