The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.

ORDER :

Nisha M. Thakore, J.

ORDER IN CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2020:

1. With the consent and joint request of learned advocates for the respective parties, this matter is taken up for final hearing.

2. We have heard learned advocate Mr. Varun Bharda appearing for Mr. S.P. Majmudar, learned advocate on record for the applicants, learned Senior Advocate Mr. Shalin Mehta appearing with Ms. Aditi Raol, learned advocate on record for opponent nos.6 to 10 and learned Senior Advocate Mr. Anshin H. Desai appearing with learned advocate Ms. Venu Nanavati for opponent no.11.

3. This application is filed by the original appellants/plaintiffs for bringing the legal heirs of the applicant/appellant- Kantilal Joytaram Patel in Civil Application No.1 of 2018 in F/First Appeal No.11156 of 2018 (registered as “R/First Appeal No. 2597 of 2024”). The original appellant- Kantilal Joytaram Patel is reported to have passed away on 04.11.2019 pending the restoration captioned appeal, which stood dismissed for default on 10.04.2018 and was subsequently restored on 29.04.2022.

4. Learned advocate for the applicant has invited our attention to the averments made in the application and has submitted that legal heirs and representatives of the deceased original appellant no.1 are already brought on record i.e. applicant nos.2 to 5. In such circumstances, there is no delay in preferring the present application and has, therefore, urged before us to allow this application and to permit the amendment to be carried out in the cause title to reflect the name of applicant nos.2 to 5 as also the legal heirs and representatives of deceased original appellant no.1. The reliance was placed on the copy of pedigree, which is annexed along with this application.

5. Learned advocates appearing for the respective opponents as such had not objected to grant of the present application.

6. Considering the fact that deceased applicant no.1 is already represented through the applicant nos.2 to 5, who are the legal heirs and representatives of the deceased applicant no.1, we are inclined to allow the present application. Since the restoration application is already disposed of, the legal heirs and representatives of the deceased applicant no.1 are permitted to be brought on record in captioned applications as well as captioned appeal.

7. The present civil application stands disposed of, in aforesaid terms.

ORDER IN CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2023 AND CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2023:

1. Since all these applications essentially pertains to bringing heirs and legal representatives of deceased opponent nos.1 and 2, they are heard together and decided by this common order. These applications were taken up for hearing while hearing the main First Appeal on merits as the learned advocates for the respective parties have agreed to address the court on the merits of the case in the captioned First Appeal. Thus, civil applications are heard along with the main First Appeal.

2. Civil Application (For Condonation Of Delay) No. 2 of 2023 is preferred under Section 5 of the Limitation Act seeking condonation of delay of 5860 days caused in bringing the legal heirs and representatives of opponent nos.1 and 2 and with a prayer to set aside the abatement, if any, in the facts of the case.

3. Civil Application (For Bringing Heirs) No. 1 of 2023 is filed seeking permission to join the proposed heirs and legal representatives of deceased opponent nos.1 and 2 in Civil Application No.1 of 2020 as well as in Civil Application No.1 of 2018 in F/First Appeal No.11156 of 2018 (registered as “R/First Appeal No. 2597 of 2024”).

4. We have heard learned advocate Mr. Varun Bharda appearing for Mr. S.P. Majmudar, learned advocate on record for the original appellants/plaintiffs, learned Senior Advocate Mr. Shalin Mehta appearing with Ms. Aditi Raol, learned advocate on record for opponent nos.6 to 10 and learned Senior Advocate Mr. Anshin H. Desai a