MAFATLAL SENDHABAHI PRAJAPATI (DECD) THROUGH LAXMIBEN WD/O. & 5 Vs. VIRAJI PANAJI (DECD) THROUGH JAVANJI SON OF VIRAJI & 8

JUDGEMENT

(1.) PRESENT application is filed by the heirs of the original respondent No. 4, whose name came to be deleted pursuant to the order dated 16/02/2004 passed in Civil Application No. 7532 of 2003 in LPA No. 83 of 2002, whereby the respondent No. 4 was ordered to be deleted [Annexure -IV Order dated 05/03/2012 (Coram: Mr. Justice V.M. Sahai and Mr. Justice A.J. Desai)]. Heard Learned advocate Mr. Rupang Mehta, who invited the attention to the Court for defect set out in Paragraph -4, which reads as under: -

(2.) LEARNED advocate Mr. Mehta submitted that the respondent No. 4 is already deceased and present applicants are the heirs of the respondent No. 4 and it will be in the interest of justice, if they are granted an opportunity to contest the matter on merits. Heard learned advocate Ms. Kruti Shah appearing for respondent nos. 2, 3 and 5; learned advocate Mr. Jitendra Patel appearing for respondent No. 1 and learned AGP Ms. Rita Chandarana for respondent nos. 6, 7 and 8. In the interest of justice, the application is allowed and the order dated 05/03/2012 in Letters Patent Appeal No. 83 of 2002 in Special Civil Application No. 8819 of 2001, is recalled. The Registry to implead the present applicants as heirs and legal representatives of the respondent No. 4. The matter to proceed thereafter in accordance with law. Rule is made absolute.