Gujarat High Court High Court

Lataben vs Rajeshkumar on 7 July, 2008

Gujarat High Court
Lataben vs Rajeshkumar on 7 July, 2008
Bench: A.M.Kapadia And Z.K.Saiyed, Z.K.Saiyed
  
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 

CA/1933/2008	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR BRINGING HEIRS - No. 1933 of 2008
 

In


 

CIVIL
APPLICATION ý  For Delay - NO. 14611 OF 2007
 

In
 

FIRST
APPEAL (STAMP NUMBER) No. 2643 of 2007
 

 
=================================================
 

LATABEN
KRISHNAKANT PARIKH & 2 - Petitioner(s)
 

Versus
 

RAJESHKUMAR
CHUNILAL MACHI & 2 - Respondent(s)
 

=================================================
 
Appearance
: 
MR.HIREN
M MODI for Petitioner(s) : 1 - 3. 
None
for Respondent(s) : 1 - 3. 
RULE SERVED for Respondent(s) :
2.2.1,2.2.2  
================================================= 

 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE A.M.KAPADIA
		
	
	 
		 
			 

 

			
		
		 
			 

and
		
	
	 
		 
			 

 

			
		
		 
			 

HONOURABLE
			MR.JUSTICE Z.K.SAIYED
		
	

 

 
 


 

Date
: 07/07/2008 

 

ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)

Mr.

Hiren M. Modi, learned advocate of the Applicant/Appellant states
that this application is filed in Civil Application (for delay) No.
14611 of 2007 in First Appeal (Stamp) No. 2643 of 2007 for bringing
the heirs and legal representatives of Respondent No.2 ý
Rajeshbhai Jivabhai Amin, who has died. He, therefore, seeks leave
to amend the cause-title by adding Civil Application for (for delay)
No. 14611 of 2007 as well as name of Respondent No.2 by showing
heirs and legal representatives of deceased Respondent No.2.

Leave
as prayed for is granted. The Applicant / Appellant is permitted to
amend the cause-title of this application by adding Civil
Application (for delay) No. 14611 of 2007 as well as by showing the
names of heirs and legal representatives of deceased Respondent
No.2.

Having
heard Mr. Hiren M. Modi, learned advocate of the Applicants /
Original Claimants and a perusal of the averments made in the
application, which have remained uncontroverted, as all the
Respondents are served but nobody has filed their appearance, and on
the facts and in the circumstances emerging from the record of the
case, according to us, since Respondent No.2 has died, his heirs and
legal representatives, who are shown in paragraph 3 of the
application, are not only necessary but proper party to adjudicate
the Civil Application, which is filed for condonation of delay in
filing the First Appeal (stamp) No. 2643 of 2007.

Seen
in the above context, the application deserves to be allowed by
granting the prayer made therein.

For
the foregoing reasons, the application succeeds and accordingly it
is allowed with no order as to costs.

The
prayer in terms of paragraph 5(b) is granted and resultantly the
heirs and legal representatives of deceased Respondent No.2, shown
in paragraph 3 of the application, are ordered to be joined in Civil
Application No. 14611 of 2007 as well as in First Appeal (Stamp) No.
2643 of 2007.

Rule
is made absolute accordingly.

(A.M.Kapadia,J)

(Z.K.Saiyed,J)

Jayanti*