S. H. SHETH, T. U. MEHTA, J.

( 1 ) THIS Civil Application has been filed to bring on record four heirs and legal representatives of the original respondent No. 1 Thakore Hemsing Abhesing. Thakore Hemsing Abhesing died on 15 February 1972. The State did not make any application within time to bring any of his heirs and legal representatives on record. Thereafter Civil Application No. 1815 of 1972 was filed by the appellant State to bring one heir and legal representative of the deceased Thakore Hemsing Abhesing on record. That application was very hotly contested by the heir who was sought to be brought on record on the ground that even though the State of Gujarat had known that Thakore Hemsing Abhesing had died as early as on 15th February 1972 it had not made any application within time for the purpose and had allowed the appeal to abate. Inspite of the fact that it was hotly contested we showed to the State of Gujarat indulgence and granted that application on 9th October 1972 after setting aside the abatement and condoning delay. Now this application has been filed to bring four more heirs of Thakore Hemsing Abhesing on record.

( 2 ) ON 14th September 1972 the State of Gujarat ca

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