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CA/14488/2006 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 14488 of 2006
In
SPECIAL
CIVIL APPLICATION No. 6069 of 2004
=========================================================
DEVDATT
MANEKLAL CHRISTIAN - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
JAYRAJ CHAUHAN FOR MR UM SHASTRI
for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6
MR
NIRAG PATHAK, ASST.GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 28/03/2011
ORAL ORDER
Leave
to amend the prayer clause at Paragraph-4(b), is granted. The
amendments may be carried out, forthwith.
This
application has been filed with a prayer to bring on record of the
petition the applicants, who are the heirs and legal representatives
of the original petitioner of Special Civil Application No.6069/2004
Smt.Feithben wd/o. Maneklal Jivabhai Christian, as petitioners, after
expiry of the original petitioner on 3.9.2005 and further to set
aside the abatement by condoning the delay.
Heard
Mr.Jayraj Chauhan, learned advocate for Mr.U.M.Shastri, learned
counsel for the applicants and perused the averments made in the
application.
As
per a copy of the Death Certificate of Smt.Feithben wd/o. Maneklal
Jivabhai Christian, original petitioner of Special Civil Application
No.6069/2004, the said petitioner expired on 3.9.2005. The
application is dated 31.8.2006. It is averred in the application that
applicants Nos.1/1 to 1/6, whose names are reflected in the cause
title of the application, are the only heirs and legal
representatives of the original petitioner and may be joined in the
petition as petitioners.
Having
heard the learned counsel for the applicants and in view of the
averments made in the application, the prayers made therein deserve
to be granted.
Accordingly,
the application is allowed. The delay in filing the application is
condoned and abatement is set aside. The applicants Nos.1/1 to 1/6 as
described in the cause title of the application are permitted to be
brought on the record of Special Civil Application No.6069/2004, as
petitioners therein, in place of the original petitioner.
The
necessary amendments in the cause title of the petition be carried
out, within a period of two weeks from today.
The
application is disposed of, in the above terms.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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