RAMILABEN Vs. RAJGOR MANGALDASJI PRAGJI GOPALJI

JUDGEMENT

(1.) By way of this petition filed, under Article 227 of the Constitution of India, the petitioners seek to challenge the order dtd. 19/12/2019 passed below Exh.79 in RCS No.74 of 2018 by which the Principal Senior Civil Judge, Mudra camp at Mandvi, Kutch-Bhuj was pleased to reject the application filed by the petitioners joining the respondents as a legal representative of the deceased defendant. The petitioners have filed the suit for cancellation of registered sale deed and permanent injunction. During the pendency of the suit, defendant no.1 passed away. The petitioners moved an application Exh.79 to condone the delay in joining the respondents who are legal representatives of the deceased defendant. The learned Trial Court did not have accepted the reasons shown for the delay and rejected the application.

(2.) This Court has heard learned counsel Mr.Jignesh Naik. Despite of service of notice, no one has appeared for and on behalf of the respondents.

(3.) Mr.Naik, learned counsel submitted that the Trial Court failed to exercise the jurisdiction vested in it by law and materially erred in rejecting the delay condone application. He further submitted that the delay of 96 days cannot be termed as inordinate delay and considering the peculiar facts and circumstances of the case, there was no negligence on the part of the petitioners and cause shown for the delay does not lack bonafides.