Gujarat High Court Case Information System
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CA/301820/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR BRINGING HEIRS No. 3018 of 2009
In
FIRST
APPEAL No. 1771 of 2008
=========================================================
KRISHNAKUMAR
LALBHAI PATEL - Petitioner(s)
Versus
ZINABHAI
GOVANBHAI PATEL & 8 - Respondent(s)
=========================================================
Appearance
:
MR
NS SHEVADE for
Petitioner(s) : 1,
None
for Respondent(s) : 1 -
9.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/03/2009
ORAL
ORDER
1. Heard
learned advocate Mr.N.S.Shevade for the applicant.
2. Though
notice is served to respondent Nos.2 to 9 but no appearance is filed
by them.
3. Respondent
No.1 remained unserved as expired. It is stated that respondent No.1
has expired on 30.6.2008. Therefore, present application is filed
with a prayer to bring the LRs of deceased respondent No.1.
4. I
have considered the averments made in this application, particularly
Para.3. Present application is supported with affidavit. The
applicant has not produced the death certificate of deceased
respondent No.1. However, date of death 30.6.2008 has been
accepted because it has been stated on oath. Therefore, present
application is allowed in terms of Para.5(1) while condoning the
delay, if any, occurred in filing the present application. Applicant
to amend the cause title of first appeal accordingly.
5. After
the amendment in the first appeal, issue notice to the newly added
heirs and legal representatives of deceased respondent No.1,
returnable on 30.4.2009.
(H.K.RATHOD,J.)
(vipul)
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