1. RULE.
Shri U.M. Shastri, learned advocate waives service of notice of rule on behalf of the proposed heirs and legal representatives of the original respondent-Smt Kalubhai Bamania (now deceased).
2. 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.
3. The present application under Section 5 of the Limitation act has been preferred by the applicant-original appellant to condone the delay 44 days in preferring the application for bringing the heirs of original respondent on record.
4. Having heard the learned advocates appearing on behalf of the respective parties and as the application is not opposed by Shri U.M. Shastri, learned advocate appearing on behalf of the heirs and legal representatives of the original respondent, the present application is allowed and the delay caused in preferring the application for bringing the heirs of original respondent on record is hereby condoned. Rule is made absolute accordingly. No cost.
(M.R.
SHAH, J.) siji Top