Mr.
K. M. Sheth, learned advocate for the applicants seeks permission to delete the respondent No.4/1 who is unserved as he has expired, on the ground that the heirs and legal representatives of the said respondent are already sought to be brought on record by the present application. Permission as prayed for is granted. Respondent No.4/1 shall stand deleted from the array of respondents.
By this application, the applicants seek permission to bring the respondents No.4/2 to 4/7 on the record of Second Appeal No.102 of 2006 as heirs and legal representatives of the deceased respondent No.4 - Valiben Pitambardas Patel.
Heard Mr. K. M. Sheth, learned advocate for the applicants. Mr. S. P. Majmudar, learned advocate appears on behalf of the respondent No.1. Though served, there is no appearance on behalf of the other respondents.
Vide order dated 04.12.2011, the delay that has occasioned in filing the application for bringing the heirs and legal representatives of deceased respondent No.4 on record of the second appeal came to be condoned.
From the averments made in the application, it is apparent that Valiben Pitambardas Patel has expired on 18.5.2006, after the judgement and decree which is subject matter of challenge in the second appeal came to be passed. In the circumstances, it is necessary that the heirs and legal representatives of deceased respondent be brought on record.
The application is, therefore, allowed. The applicants are permitted to bring the respondents No.4/2 to 4/7 on the record of Second Appeal No.102 of 2006 as heirs and legal representatives of the deceased respondent No.4 - Valiben Pitambardas Patel. Rule is made absolute accordingly with no order as to costs.
Registry to amend the cause title accordingly.
[HARSHA DEVANI, J.] parmar* Top