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2015 Supreme(Guj) 563

C.L.SONI
Sureshbhai Suvalal Jayswal – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Dhiraj M. Patel, Advocate
For the Respondents: Jaimin Gandhi, Asstt. Govt. Pleader

Judgment

C.L. Soni, J.

1. In these two applications, though filed in different petitions by different learned advocates, learned advocates appearing in both the applications have made common grievance as regards insistence of the office to file separate applications- present applications for condonation of delay occurred in bringing heirs of the deceased parties in both the petitions.

2. Learned advocates Mr. Salil Thakore and Mr. Dhiraj Patel for the applicants submitted that pending the petition filed under Article 226 or 227 of the Constitution of India, either arising from the orders made by the Civil Court in the civil suit or from orders made by any authority or Court in the proceedings under any other Statute, if any of the parties to the petition dies, though action required to bring heirs of such deceased party on record of the petition is to be taken within reasonable time, however, such action is not governed by Order-22 of the Code of Civil Procedure, 1908 ('the Code'). They drew the attention of the Court to Section 141 of the Code so as to submit that proceedings under Article 226 of the Constitution of India are not governed by the provisions of the Code and therefore,






























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