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CA/8475/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 8475 of 2011
In
FIRST
APPEAL No. 1908 of 1994
To
CIVIL
APPLICATION No. 8477 of 2011
In
FIRST
APPEAL No. 1910 of 1994
=========================================
ORIENTAL
INSURANCE COMPANY LIMITED
Versus
HEERABEN
BABUBHAI & 8
=========================================Appearance
:
MR RAJNI H
MEHTA for
the Applicant
MR YATIN SONI for Respondent(s) : 1 - 5.
None
for Respondent(s) : 6 - 9.
- for Respondent(s) : 9.2.1,
9.2.2,9.2.3
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 10/11/2011
COMMON
ORAL ORDER
1. Though
notice of Rule issued on the proposed heirs of deceased respondent
Minaben Vikrambhai Chavda has been duly served, none has filed their
appearance.
2. The
learned advocate for the applicant has submitted that the above
matters were listed for final hearing before this Court on 24.6.2011.
The Registry of this Court has notified that respondent Minaben
Vikrambhai Chavda, owner of the vehicle involved in the accident, has
expired and this Court has granted time to file civil applications
for bringing heirs on record upto 27.7.2011 and accordingly, these
Civil Applications have been filed on 27.7.2011. Delay in filing the
said applications has occurred due to the fact that the applicant did
not know that said respondent Minaben Vikrambhai Chavda had died and
it came to know when the above matters were listed for final hearing.
Learned advocate for the applicant has then submitted that there is
no abatement but if there is there any abatement, the same may be set
aside.
3. In
view of the above, the submission made by the learned advocate for
the applicant appears to be genuine and accordingly, these Civil
Applications are allowed. Delay caused in filing the present
applications is condoned. The abatement of First Appeal against
deceased Minaben Vikrambhai Chavda, if any, is set aside. The
applicant as well as the office is permitted to carry out the
necessary amendment in the cause title of the First Appeals, as
prayed for in para 7(B) and 7(C) of the applications. Rule is made
absolute accordingly.
(G.B.
SHAH, J.)
omkar
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