ORAL ORDER

However, notice was duly served to the respondents, nobody is appeared to contest this petition.

By way of preferring this petition, petitioners have challenged the order dated 2.1.2019 passed below application Exh. 45 by the learned Principal Civil Judge, Ranpur in Regular Civil Suit No. 93 of 2016 (Old Regular Civil Suit No. 23 of 2013) preferred by the respondent No. 1 for joining the present petitioners as the heirs of the deceased Original Defendant No. 2 without seeking any prayer for setting aside the abatement qua the deceased original defendant No. 2 and without filling any separate application or seeking relief for condonation of delay for the same.

The brief facts leading to the present case are as under:-

That, the respondent No. 1 preferred a Civil Suit, being Regular Civil Suit No. 83 of 2013, against the respondent No. 2 on 19-07-2013 and predecessor of the petitioners praying for cancellation of sale-deed, declaration and permanent injunction in respect of the land situated at Survey No. 3567/43 of Village Ranpur, Taluka Ranpur, District Ahmedabad. That, respondent No. 1 preferred an application below exhibit 5 praying for interim injunction against predecess