JUDGMENT :

1. The applicants are the heirs and legal representatives of deceased, Chandubhai Chhotabhai Patel, who was the respondent No.1 in Special Civil Application No.123/85. The said Special Civil Application No.123/85 was heard and judgment was delivered in it on 17.8.1993. Respondent No.1, Chandulal Chhotabhai Patel had died on 10.3.1989 at village Kanisa, Taluka Khambhat. Thus, when the aforesaid judgment came to be delivered, disposing of the Special Civil Application No.123 of 1985, the respondent No.1 Chandulal Chotabhai Patel, was already dead. The present Misc. Civil Application is filed for reviewing the said order dated 17th August, 1993 passed in Special Civil Application No.123 of 1985 and quashing it on the ground that the respondent No.1 had already died when the petition was heard and disposed of.

I have heard the learned Advocates appearing for the parties.

2. Ms. V.P. Shah, learned Advocate appearing for the applicants, submitted that in view of the legal position as laid down in the case of Jadavji Devshanker v. Jiviben Lavji Rugnath, reported in (1977) 18 G.L.R. page 504, this application deserves to be allowed. In the above case of Jadavji Devshanker (supra),