AMBARAM MULJIBHAI Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Issue RULE returnable forthwith. Learned AGP Dr. Venugopal Patel waives service of rule on behalf of both the opponents.

(2.) These are two applications for condoning delay of 3113 days in bringing heirs in Land Reference Case No. 54/2003 filed in the Court of the Principal Senior Civil Judge at Surendranagar and also for impleading heirs of the original claimant as party appellants. The original claimant Mr Ambarambhai Muljibhai died on 31.05.2010 leaving behind the applicants as his heirs. The applicants were not aware about the litigation and could not provide the details of the heirs of deceased to the learned advocate in time due to ignorance and lack of knowledge.

(3.) According to the applicants they have a good case on merits and there are all chances to succeed in the appeal. They could not file the application for joining themselves as heirs of the deceased within the prescribed time limit of 90 days. Hence, abatement of land reference case is sought to be set aside in condoning delay with a further request to join the petitioner as party appellants.