NEELAM NATHWANI Vs. VIJAYABEN R. GEDIYA

JUDGEMENT

(1.) The above Interim Application is filed to bring the legal heirs of Defendant No.3 on record who expired on 28 th August, 2022. The information about the death of Defendant No.3 was given to the advocates for the Plaintiff only on 24 th March, 2023. Even though this information was given, the names of the heirs of Defendant No.3 were not disclosed in the said letter. Thereafter, the Plaintiff made independent inquiries, and ascertained that the legal heirs of Defendant No.3 are the persons mentioned in the Schedule to the Interim Application arrayed as 3 (A) and 3 (B) respectively. The other amendment sought is to replace the address of the Plaintiff which has currently changed.

(2.) Mr. Shah, the learned Senior Counsel appearing on behalf of the Plaintiff/Applicant has tendered an affidavit of service dtd. 15/6/2023 evidencing service of the above Interim Application on the parties which are sought to be joined as Defendants in the above Suit. Despite service on the said parties, none have appeared on their behalf today.

(3.) Having heard Mr. Shah, and for the reasons stated in the application, I do not find any impediment in granting the reliefs sought for therein. In these circumstances, the above Interim Application is allowed in terms of prayer clause (a) which reads thus:-