Jayantibhai Alkhabhai Chamar ... vs Hatisinh Kodarsinh Parmar

JAYANTIBHAI ALKHABHAI CHAMAR (MAKWANA) Versus HATISINH KODARSINH PARMAR ========================================================== Appearance:

MR JV JAPEE for the PETITIONER(s) No. for the RESPONDENT(s) No. MR PALAK H THAKKAR for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE B.N. KARIA Date : 22/02/2019 IA ORDER Leave to amend.

This application has been preferred by the applicants to condone the delay of 58 days caused in filing Civil Application for bringing legal heirs of the original appellant on record in First Appeal No. 1960 of 2008.

Heard learned advocate for the applicants. It was submitted by learned advocate for the applicants that original appellant was expired on 15th May 2018 and his death certificate is produced on record. That, it was never informed by the legal heirs of the deceased original appellant and legal heirs were not brought on record. Presence of the legal heirs of the deceased appellant is required in the First Appeal otherwise the whole purpose of the original claim petition would be frustrated.

Considering the facts of the case, submissions made by Page 1 of 2 C/FA/4960/2008 IA ORDER learned advocate for the applicants and death certificate produced on record, it clearly shows that Jayantibhai Alkhabhai Chamar was expired on 15th May 2018 and certificate thereof was issued by the competent authority. The submission made by learned advocate for the applicants that the legal heirs were never informed about the death of the appellant, and therefore, on coming to know about the death of the appellant, death certificate was called for and proof regarding the succession also. After receiving all the necessary details, the application for bringing legal heirs has been filed and the delay has been caused.

Having heard learned advocate appearing for the applicants and having considered the averments made in this application, I am convinced that sufficient cause has been made out for condonation of delay of 58 days in filing civil application for bringing legal heirs. Delay is hereby condoned.

Civil Application stands disposed of accordingly.

(B.N. KARIA, J) K. S. DARJI Page 2 of 2