Shri H.M. Parikh, learned advocate for Shri R.C. Jani, learned advocate for the original appellant no.3 has stated at the bar that as the application to restore the main Second Appeal was submitted only by the original appellant no.3 and not by other and therefore it can be said that main Second Appeal which has been restored can be treated to be restored qua appellant no.3 only. Therefore, it is submitted that present Appeal be treated to have been continued only qua original appellant no.3. Under the circumstances, present Second Appeal is treated to have been restored only qua original appellant no.3.
It is an admitted position that original appellant no.3 has expired as far as back on 30.4.2008 and heirs and legal representative of original appellant no.3 are not brought on record and / or no application has been submitted by the heirs permitting them to be brought on record in the main Second Appeal as heirs and legal representative of original appellant no.3 within a period of 90 days. Hence, present Second Appeal is dismissed as having been abated qua appellant no.3. It will be open for the heirs and legal representative of original appellant no.3 to submit an appropriate application for bringing them on record as heirs and legal representatives of original appellant no.3 and to set aside the abatement and as and when such application / applications are made, the same shall be considered in the accordance with lawn and on merits.
(M.R.SHAH,J.) kaushik Top