1. Mr.R.C.Jani, learned advocate appearing on behalf of the applicants seeks permission to delete respondent No.1 as respondent No.2, who is son of respondent No.1 is already on record. Permission is accordingly granted. Name of respondent No.1 stands deleted.
Registry is directed to amend the cause title of the Misc.Civil Application accordingly.
2. The present Misc.Civil Application has been preferred by the applicants herein - heir and legal representation of original appellant - original plaintiff to restore Civil Application No.1795 of 2011.
3. Heard Mr.R.C.Jani, learned advocate appearing on behalf of the applicant and it is reported that Mr.A.J.Patel, learned advocate appearing on behalf of the opponent herein - original defendant has no objection, if the present application is allowed and Civil Application is restored to file.
4. Under the circumstances, the present application is allowed and Civil Application No.1795 of 2011 is hereby ordered to be restored to file at the stage where it was dismissed for non-prosecution. Rule is made absolute accordingly. No costs.
[M.R.SHAH,J] *dipti Top