Present application has been preferred by the applicant - original plaintiff permitting him to bring the respondent No.13 herein - heir and legal representative of original respondent No.2 - Dinkerrai M. Nathwani (since died) in the main Second Appeal.
Though served nobody appears on behalf of the respondent No.13 - heirs and legal representative of the original respondent No.2.
In the facts and circumstances of the case, present application is allowed and the applicant herein is permitted to bring the respondent No.13 herein on the record of the main Second Appeal as heir and legal representative of original respondent No.2 - Dinkerrai M. Nathwani. Registry is directed to amend the cause title of the main appeal being Second Appeal No.173 of 2011 accordingly. Rule is made absolute to the aforesaid extent. No costs.
[M.R.
SHAH, J.] rafik Top