SHANKARBHAI PRAHLADBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this application, the applicants seek condonation of delay of 795 days caused in filing the present application, whereby the applicants No.1/A and 1/B seek to be substituted in place of petitioner No.1-Shankarbhai Prahladbhai Patel in Special Civil Application No.9327 of 2006.

(2.) MS . Archana Acharya, learned advocate for the applicants submitted that original petitioner No.1-Shankarbhai Prahladbhai Patel has expired on 4.7.2008 and, as such, his heirs and legal representatives are required to be brought on the record of the special civil application. The learned advocate reiterated the averments made in paragraphs-4 and 5 of the application to submit that the delay caused in filing the present application has been sufficiently explained and, as such, the same is required to be condoned and the application is required to be allowed.

(3.) FROM the facts noted hereinabove, it is apparent that the petitioner No.1-Shankarbhai Prahladbhai Patel has expired during the pendency of Special Civil Application No.9327 of 2006 on 4.7.2008. True it is that there is some delay in filing the present application for bringing the heirs and legal representatives on record, however, the delay has been sufficiently explained in paragraphs-4 and 5 of the application.