SHANABHAI KADIYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx.

(2.) This appeal is filed against an order passed by the learned single Judge in Civil Application No 484 of 1996 in Special Civil Application No. 2146 of 1986, decided on July 24, 1997. That application was filed by the appellant-applicants for bringing heirs and legal representatives of deceased Shanabhai Kadiabhai on record. The petition was of 1986. After the petitioner died, his heirs and legal representatives filed the above application to bring them on record. The said application was rejected by the learned single Judge. It appears that other persons were also on record. As Civil Application was rejected and heirs were not permitted to be brought on record, the main matter, i.e. Special Civil Application No. 2146 of 1986 stood automatically dismissed. It is against that order that the present Letters Patent Appeal is filed by the appellants. At the time of preliminary hearing, notice was issued for admission as well as or final hearing which was made returnable on September 16, 1997.

(3.) We have heard the learned Counsel for parties. In the facts and circumstances of case, the order passed by the learned single Judge requires to be set aside. Apart from the fact that ordinarily in such matters, application to bring on record heirs and legal representatives ought not to have been dismissed even otherwise also, as per the settled law, if other person is already on record. It can be said that estate was sufficiently represented. In such cases, the petition does not abate. This Letters Patent Appeal is, therefore, allowed. Order passed by the learned single Judge is set aside.