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 came to know from the affidavit in reply filed by that heir of Thakore Hemsing Abhesing who was sought to be joined by Civil Application No. 1815 of 1972 that there were other heirs of Thakore Hemsing Abhesing who were not brought on record. Inspite of the fact that one of the heirs made a categorical statement in his affidavit in reply as early as on 14th September 1972 of which a copy was served upon the learned Government Pleader no action was taken by the State of Gujarat to bring other heirs on record. Thereafter First Appeal No. S01 of 1964 was placed on Board for final decision. It reached final hearing on 19th October 1972 and even by that time no application had been made by the State of Gujarat to bring other heirs of Thakore Hemsing Abhesing on record. Inspite of their having known on 14th September 1972 that there were other heirs and legal representatives of Thakore Hemsing Abhesing they made no application to bring them on record. After the matter was heard for some time on that day it was stated at the Bar by the 2earned advocate appearing for that heir of Thakore Hemsing Abhesing who was brought on record that the respondent No. 2 had died as early as in 1967. The learned Assistant Government Pleader appearing for the State of Gujarat thereupon applied for time in order to enable him to make an application to bring the heirs and legal representatives of the deceased respondent No. 2 on record. If the learned advocate for the heir of the respondent No. 1 had not made a statement on 19th October 1972 that the respondent No. 2 was already dead as early as in 1967 the appeal would have been finally decided at that time. Since the hearing of the appeal was adjourned in order to enable the learned Assistant Government Pleader to make an application to bring the heirs and legal representatives of the deceased respondent No. 2 on record be has now taken an opportunity to file this Civil Application to bring on record other heirs of the original respondent No. 1 Thakore Hemsing Abhesing. In fact on 19th October 1972 when the appeal came up for hearing Mr. Oza appearing for one of the heirs of Thakore Hemsing Abhesing had already started arguing that in absence of other heirs of Thakore Hemsing Abhesing the original respondent No. 1-the appeal had abated. It was also stated in the affidavit in rejoinder in that Civil Application that the State of Gujarat would bring other heirs of Thakore Hemsing Abhesing on record if the Court so desired. The Court on its own never desires any heirs or any legal representatives of any deceased respondent or appellant to be brought on record. It is the duty of the appellant to make an application. He cannot seek any direction or advice from the Court in that behalf. The facts of this case are so glaring that it i

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