1. This application has been filed by the applicant (original petitioner) to condone the delay of 364 days and set aside abatement, while permitting them to bring on record the heirs and legal representatives of the deceased - respondent No.2 - Shri Shankarbhai Chhaganbhai, who passed away on 26.03.2010, as per the Death Certificate at Annexure-A-I Colly. to the application.
2. Heard Mr. Pranav S. Dave, learned Assistant Government Pleader for the applicant and Mr.Anand R. Patel, learned advocate for respondent No.2/1. It is submitted by him that he has been instructed to appear on behalf of other respondents, as well. The other respondents are served, but none appears on their behalf.
3. It is submitted by the learned Assistant Government Pleader that the applicant came to know regarding the death of respondent No.2 only after issuance of notice by this Court, on the next returnable date. Some time was consumed in tracing out the legal heirs and representatives of the deceased-respondent No.2, therefore, the delay may be condoned and the prayers made in the application, may be granted.
4. Upon hearing the learned counsel for the respective parties, the following order is passed:
The delay of 364 days in filing the application is set aside. Abatement, if any, is also set aside. The applicant is permitted to bring on record the heirs and legal representatives of deceased-respondent No.2-Shri Shankarbhai Chhaganbhai, as described in Paragraph-3 of the application.
5. The application is allowed in the above terms. Rule is made absolute.
6. The applicant may place on record the amended cause-title in Special Civil Application No.16051 of 2010, within a period of two weeks.
(Smt. Abhilasha Kumari, J.) rakesh/ Top