PRADIP PRABHASHANKAR MEHTA Vs. MAHESH PRABHASHANKAR MEHTA

JUDGEMENT

(1.) These two applications have been filed for condonation of delay in filing and to implead the legal heirs of the deceased respondent no.1 in Special Civil Application No.13815 of 2013 contending, inter alia, that on death of the respondent no.1 the right to sue survives on them. The said application having been filed belatedly, namely there being 195 days' delay in filing the same, they have sought for condonation of delay.

(2.) Having regard to the averments made in these applications and keeping in mind the principles of law enunciated by the Hon'ble Apex Court in the case of Collector, Land Acquisition, Anantnag and another vs. Mst . Katiji and others, reported in AIR 1987 SC 1353, delay stands condoned and legal heirs of deceased respondent no.1 are ordered to be brought on record as respondents nos.1.1 to 1.4. Petitioner counsel shall carry out amendment in the cause-title of the Special Civil Application No.13815 of 2013 forthwith.

(3.) In this Special Civil Application, the order dated 12 th June 2013 passed by 3rd Additional Civil Judge (S.D.), Ahmedabad (Rural), in Regular Civil Suit No.78 of 2013 has been called in question, whereunder the learned trial Judge has dismissed the application filed by the petitioner-defendant under Order 7 Rule 11 CPC, whereunder the petitioner-defendant sought for rejection of the plaint, primarily on the grounds : (i) non payment of proper and adequate court fee on the plaint; (ii) suit is barred by law; (iii) not impleading or joining necessary and proper parties to the suit, and (iv) suit being barred by limitation.