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 main First Appeal No.1195 of 1988.
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 main First Appeal is restored to file.
4. Under the circumstances, the present application is allowed and First Appeal No.1195 of 1988 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