(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) This is an application for condonation of delay in bringing the heirs of the deceased respondent No.2 on record. It is pointed out by the learned counsel for the applicant that at the time when Special Civil Application No.4988 of 1999 was finally decided by the learned Single Judge, the respondent No.2 herein had already expired and the State had neither pointed out the said fact nor brought her heirs on record. The Letters Patent Appeal is filed against the order passed by the learned Single Judge in Special Civil Application No.4988 of 1999, wherein the respondent No.2 was shown on record as alive. Prima facie, the petition qua the respondent No.2 seems to have been abated before the learned Single Judge as at the time when the matter was taken, she was no more.
Considering the submissions made by the learned counsel for the applicant, we are of the view that civil application deserves to be allowed and is, accordingly, allowed. The delay caused in filing the civil application for bringing on record the heirs of deceased respondent No.2, is hereby condoned. The abatement qua the respondent No.2 stands set aside. The heirs of the deceased respondent No.2 are permitted to be brought on record. The cause title of the Letters Patent Appeal be amended accordingly. Civil Application is disposed of in the aforesaid terms.
(P.B.MAJMUDAR,J.) (MOHINDER PAL,J.) Vahid Top