STATE OF GUJARAT Vs. MAGANSINHJI MEDATIA

JUDGEMENT

(1.) This is an application preferred by the original petitioner-applicant State of Gujarat for condonation of delay of 3578 days in preferring application for bringing legal heirs of the deceased on record.

(2.) It is submitted by the learned advocate for the applicant that along with the above captioned Special Civil Application, many other Special Civil Applications of the same parties are pending. In present petition, the State is the petitioner and in other matters private parties are the petitioners. It is stated that so far as the petitions preferred by the private respondents are concerned, their legal heirs have already been brought on record. It is also contended that all the petitions were kept together and heard together and, therefore, practically since heirs of private petitioners are already brought on record in the respective petitions, the heirs of the respondents here may be technically brought on record.

(3.) This application has been opposed by the proposed heirs of the deceased Magansingh Mulsinh Metadia (sole respondent). It is contended that the original party respondent has died as back as on 6/9/2006 and fact of his such death and the names of all his surviving legal heris were communicated by their advocate to the office of the Government Pleader vide letter dtd. 16/4/2007 which was accepted by them on 23/4/2007. That in this way, the applicant was quite aware of the fact of such death of deceased Magansingh Mulsinh Metadia on and from 23/4/2007.