IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 8198 of 1996
in
CIVIL APPLICATION NO. 4344 of 1995
in
FIRST APPEALNo 5183 of 1995
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STATE OF GUJARAT
Versus
HARIJAN RANABHAI SOMABHAI DECEASED THRO' HIS HEIRS
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Appearance:
GOVERNMENT PLEADER for Petitioner
SERVED for Respondent No. 1
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CORAM : MR.JUSTICE H.R.SHELAT
Date of Order: 11/04/97
ORAL ORDER
The application has been filed for condonation of
delay and setting aside abatment and necessary amendment
to implead the heirs and legal representatives of Harijan
Ranabhai Somabhai who died during pendency of F.A.No.5183
of 1995. A notice was issued. After the same being
served on the opponents, no one has appeared. It is,
therefore, assumed that they do not have cause to resist
the application.
Perusing affidavit filed in support of this
application, it appears that the applicant was unaware
about death of Harijan Ranabhai Somabhai for pretty
longtime and naturally or because on the part of the
Government, nobody would inquiry about the otherside, so
long as is not brought to the notice of the concerned
Department, or if there is a matter pending before court,
no submission in that regard is made. The Government
could know only when the notice issued, returned unserved
with endorsement that Harijan Ranabhai Somabhai had died
on 13th May, 1995. Thereafter immediate actions are
taken for preferring this application but for doing so,
the applicant had to inquire about the legal heirs and
representatives for which some time was consumed.
In view of the matter, the delay has been caused
and that can be termed as good and sufficient cause. The
abatment is, therefore, set aside and accepting this
application, the applicant is permitted to implead the
proposed heirs and legal representatives of Harijan
Ranabhai Somabhai as parties to First Appeal No. 5183 of
1995. No costs. Rule is accordingly made absolute.
Date: 11/4/1997.(H.R.SHELAT,J.)