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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DEVAN M.DESAI
Jashuben WD/O Anildas Kikala – Appellant
Versus
Mahendrabhai Laljibhai Bhavani – Respondent
ORDER :
Devan M.Desai, J.
1. Heard learned advocate Mr. Jaimin A. Gandhi for the applicants.
2. By way of this application, the applicants have prayed for condonation of delay of 471 days in filing an application to bring legal heirs of applicant No.15 Jyotiben d/o Narandas Kikala-original plaintiff No.1-E.
3. To understand and appreciate the rival contentions, the application of the applicants is reproduced hereinunder:-
“1. The applicants state that Applicant No. 15 (Appellant No. 15) passed away and so a Civil Application is filed for bringing legal heirs on record, wherein there is a delay of 471. days.
2. The applicant submits that they were not aware about the legal requirement of joining the legal heirs of a deceased litigant. The applicant on being instructed to join the legal heirs, thereafter filed application for the purpose of joining the legal heirs. Hence the delay. Hence, the delay. The applicant tenders unconditional apology for the delay in filing the civil application for joining the legal heirs.
3. The applicants therefore pray as under:
(A) The Hon'ble Court may admit and allow the application of the applicant and condone the delay.
(B) The Hon'ble Court may grant any fu
Ignorance of law does not excuse procedural failures; a formal request to set aside abatement is essential when seeking to condone delay in joining legal heirs of deceased litigants.
The court established that a liberal approach should be taken in condoning delays in procedural matters to ensure that justice is served.
Substitution – Limitation – For setting aside abatement of proceedings, court is supposed to strike a balance – There is no bar to exercise by Court/Tribunal, of its discretion, to condone delay in a....
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