The court condoned a delay of 662 days in bringing legal heirs on record, emphasizing the necessity of including legal representatives in ongoing proceedings.

ORDER :

(SANGEETA K. VISHEN, J.)

Order in civil application no.2 of 2024:

1. By this application, the applicants have prayed for condoning the delay of 662 days caused in preferring the civil application for bringing legal heirs on the record of the R/Civil Application no.1589 of 2019.

2. Ms Foram Trivedi, learned Assistant Government Pleader , has made submissions along the lines of the averments made in the application. It is submitted that no sooner than the information is received, that the steps have been taken for collecting and gathering papers. After collecting and gathering papers, application was finalized and filed. In the process, there occurred a delay of 662 days. It is urged that the same, may kindly be condoned.

3. Though served, the respondents have chosen not to enter appearance.

4. Having regard to the averments made so also the oral submissions and explanation offered, this Court, is of the opinion that delay of 662 days caused in filing the civil application for bringing heirs on the record of the R/Civil Application no.1589 of 2019 deserves to be condoned and is hereby condoned.

5. Civil application succeeds and is accordingly allowed. No order as to costs.

Order in civil application no.1 of 2024:

1. By this application, the applicants have prayed for bringing the heirs of the opponents on the record as indicated in paragraph 3 of the application.

2. Ms Foram Trivedi, learned Assistant Government Pleader has made submissions along the lines of the averments made in the application. Attention is also invited to the death certificate of the claimants as well as the pedigree. It is submitted that the heirs are required to be brought on the record.

3. Considering the averments made in the application so also the oral submissions, this Court is of the opinion that the present civil application deserves to be allowed and is accordingly stands allowed. The heirs are directed to be brought on record of the F/First Appeal no.11264 of 2019 and connected civil applications. No order as to costs.

4. Necessary amendment may be carried out within a period of two weeks from today.