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CA/267/2010 4/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 267 of 2010
In
CIVIL
APPLICATION (STAMP NUMBER) No. 4708 of 2009
In
SECOND
APPEAL No. 195 of 1983
With
CIVIL
APPLICATION (STAMP NUMBER) No. 4708 of 2009
In
SECOND
APPEAL No. 195 of 1983
=========================================================
VINODKUMAR
KISHANCHAND MANGLANI & 6 - Petitioner(s)
Versus
SECRETARY
TO THE GOVT. OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BP GUPTA for
Petitioner(s) : 1 - 7.
RULE NOT RECD BACK for Respondent(s) : 1,3
- 4.
MS SACHI MATHUR, Assistant Government Pleader for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 23/07/2010
ORAL ORDER
The Civil Application
No.267 of 2010 is filed for condonation of delay of 1256 days caused
in filing an application for bringing legal heirs of Kishanchand
Hiromal on record of Second Appeal No.195 of 1983.
The Civil Application
(Stamp) No.4708 of 2009 is filed for bringing the legal heirs of
appellant No.1 on record of Second Appeal No.195 of 1983.
Heard Mr.B.P.Gupta,
learned advocate appearing for the applicants in both these Civil
Applications and Ms.Sachi Mathur, learned Assistant Government
Pleader appearing for the respondent State.
The appellant No.1 i.e.
Kishanchand Hiromal has expired on 26.11.2005. His Death Certificate
is on record. The application for bringing the legal heirs on record
was filed on 29.4.2009. Mr.Gupta has submitted that the legal heirs
of the appellant No.1 are not educated persons and and they do not
know the intricacies of legal procedure and, therefore, they could
not approach this Court immediately. Accordingly delay was caused in
filing an application for bringing legal heirs on record. He has
further submitted that there is no intentional delay on the part of
the applicant and as soon as the applicants were advised by their
advocate the present application is filed. He has, therefore,
submitted that the delay may be condoned and legal heirs be
permitted to be brought on record.
Ms.Sachi Mathur, learned
Assistant Government Pleader appearing for the respondent State, on
the other hand, has objected this application and submitted that
there is gross delay of 1256 days and there is no satisfactory
explanation given as to why such delay is caused. She has,
therefore, submitted that the application may be rejected.
Having heard the learned
advocate Mr.Gupta appearing for the applicants and Ms.Mathur,
learned Assistant Government Pleader and having gone through the
averments made in the application the Court is satisfied that there
is reasonable cause in not filing application in time. Even
otherwise, the suit was filed by Hiromal Mohandas. The First Appeal
was also filed by Hiromal Mohandas. However, before this Court
Second Appeal was filed by Kishanchand Hiromal and Mansharam
Hiromal. During the pendency of this Second Appeal Kishanchand
expired and hence legal heirs of Kishanchand are required to be
brought on record. If the delay is condoned it would not cause
prejudice to any one.
In the above view of the
matter, delay in filing the application for bringing legal heirs on
record is hereby condoned. Similarly the legal heirs of late
Kishanchand are directed to be brought on record.
In the result both these
applications are accordingly allowed. Rule is made absolute without
any order as to costs.
Office is directed to
give pukka number to Civil Application (Stamp) No.4708 of 2009 and,
thereafter, it is shown to be disposed off. Office is further
directed to place Second Appeal No.195 1983 for final hearing on
6.8.2010.
(K. A. PUJ. J.)
kks
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