ULHAS VASUDEO FALARI Vs. ANANDIBAI VENKATESH SAWANT

JUDGEMENT

(1.) ADMIT. Learned Advocates for the respondents waive service on behalf of their respective clients. By consent taken up for final hearing forthwith.

(2.) THE appellants are aggrieved by the order dated 31-1-2000, passed by the Civil Judge, Sr. Division, Mapusa in Special Civil Suit No. 5/92/a, whereby the application of the appellants dated 15-3-1999 for bringing heirs of the deceased plaintiff on record, for condonation of delay and for setting aside abatement, was dismissed.

(3.) THE facts and the relevant dates in the case for appreciating the controversy, are: the original plaintiff, Tarabi Harischandra Sirsat died on 19-12-1996. Thereafter, as per the story of the present appellants, one application was made dated 3-2-97. The same, however, is not in the records of the Court anywhere. Even the Roznama, the certified copy of which is produced by the Advocate appearing for the respondents No. 9 to 12, does not reflect that any such application was ever made. This application, allegedly made by the appellants, for bringing legal heirs of the deceased plaintiff on record, does not mention the names of the heirs. The appellants, in the said application, a copy of which is annexed of the paper book, only pray for more time to take necessary steps.