The court condoned a delay of 1500 days in bringing legal heirs on record, emphasizing the necessity of procedural compliance after the death of an appellant.

ORDER :

SANGEETA K. VISHEN, J.

Order in civil application no.2 of 2023:

1. By this application, the applicants have prayed for condoning the delay of 1500 days caused in preferring the civil application for bringing legal heirs on the record.

2. Mr Tushar L. Sheth, learned advocate for the applicants has made submissions along the lines of the averments made. It is submitted that applicants were not aware about the factum that they are under an obligation to inform about the death of the appellants. After the advocate was changed, necessary instructions were received and hence, the steps were taken. In the process, there occurred a delay of 1500 days.

3. Issue Rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent.

4. Ms Foram Trivedi, learned Assistant Government Pleader, has no objection if the delay is condoned.

5. Having regard to the averments made so also the oral submissions and in view of the explanation offered, this Court, is of the opinion that delay of 1500 days caused in filing the civil application for bringing heirs on the record deserves to be condoned and is hereby condoned.

6. Civil application succeeds and is accordingly allowed. Rule is made absolute to the aforesaid extent. No order as to costs.

Order in civil application no.1 of 2023:

1. By this application, the applicants have prayed for bringing the heirs of the appellant no.2 on the record as indicated in the cause title of the application.

2. Mr Tushar L. Sheth, learned advocate for the applicants has made submissions along the lines of the averments made in the application. Pertinently, the judgment impugned, is dated 18.03.2016 and the appellant no.4 had died on 14.05.2016. Since the appellant no.4 was unmarried and other heirs are already on the record, prayer is made to delete the appellant no.4. Besides, the appellant no.2 has also passed away on 04.12.2018 and her heirs are required to be brought on the record. It is submitted that the applicants were not aware about the nuances of the procedure to be undertaken after the death of the claimant. It is submitted that after the Advocate was changed, in the meeting, it was made known to the applicants that the heirs of the appellant no.2 are required to be brought on the record. Thereafter, steps were taken. After taking necessary steps, applications came to be filed.

3. Issue Rule, returnable forthwith. Ms Foram Trivedi, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent.

4. Ms Foram Trivedi, learned Assistant Government Pleader has no objection if the heirs are directed to be brought on the record.

5. 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 allowed. The appellant no.4 is directed to be deleted whereas, the heirs of appellant no.2, as indicated in the cause title, are directed to be brought on record. Rule is made absolute to the aforesaid extent. No order as to costs.

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