Gujarat High Court Case Information System
Print
CA/3668/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 3668 of 2011
In
SECOND
APPEAL No. 234 of 1981
=========================================================
RAMBIBEN
PUNJABHAI & 7 - Petitioner(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,
1.2.8,1.2.9 - 2,2.2.1 - 3, 3.2.1,3.2.2 - 4, 4.2.1, 4.2.2, 4.2.3,
4.2.4, 4.2.5,4.2.6 - 5,5.2.1 - 6, 6.2.1, 6.2.2, 6.2.3, 6.2.4,
6.2.5,6.2.6 - 7, 7.2.1, 7.2.2,7.2.3 - 8, 8.2.1, 8.2.2, 8.2.3, 8.2.4,
8.3.1, 8.3.2,8.3.3
MS. VIJAYANTHI PATHAK, AGP, for Respondent(s)
: 1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 01/04/2011
ORAL
ORDER
Draft
amendment is allowed.
Learned
advocate for the applicants seeks permission to delete prayer in
respect of condonation of delay. Permission as prayed for is granted.
Amendment to be carried out forthwith.
Rule.
Learned AGP Ms. Pathak waives service of rule on behalf of the
opponent State of Gujarat.
With
the consent of learned advocate for the parties, this application is
taken up for final hearing today.
Heard
learned advocate Mr. Majmudar for the applicants and learned AGP Ms.
Pathak for the opponent State of Gujarat.
Having
regard to the averments made in the application not controverted by
filing reply and the oral submissions that the applicants did not
inform the advocate about the death of the appellants shown in the
application. Hence necessary steps could not be taken to bring their
heirs on record. The applicants have explained the grounds for not
making the application to bring the heirs of the deceased appellants
on record. Therefore, the application is required to be allowed.
In
the result, the application is allowed. Abatement of appeal qua the
appellants shown in the application is set aside. The heirs of
deceased appellants shown in the application are ordered to be
brought on record of the Second Appeal. The applicants to carry out
the amendment forthwith. Rule is made absolute accordingly.
(BANKIM
N. MEHTA, J)
(pkn)
Top