KANCHANBEN PRAVINCHANDRA DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms krina Calla, learned AGP waives service of notice of rule on behalf of the opponents.

(2.) THE present application has been preferred by the applicant-original petitioner for recalling the order dated 05/04/2007 by which Special Civil Application No. 1314/1996 came to be dismissed as having abated as no steps were taken to bring the heirs of the original petitioner on record. It is also further prayed to restore the main Special Civil Application to its original file.

(3.) SHRI Sandeep Bhatt, learned advocate appearing on behalf of the applicant has submitted that as such the applicant, legal heir of the original petitioner, had already preferred Civil Application No. 10020/2005 permitting her to be joined as heir of the original petitioner and the said application was as such granted by the learned Single Judge (Coram: K. S. Jhaveri, J.) dated 13/10/2005. However, Registry did not take any steps to amend the cause title of the main Special Civil Application and as it was not brought to the notice of the Court about the order passed by the learned Single Judge in Civil Application No. 10020/2005, the aforesaid Special Civil Application came to be dismissed as having abated. It is submitted that as such the applicant, being the heir of the original petitioner, was already permitted to be brought on record pursuant to the aforesaid order passed in the aforesaid Civil Application.