Synopsis

In a pending Letters Patent Appeal, respondent No.4 (Shamjibhai Bhavanbhai Rathod) died on 13.09.2019. The applicant filed a substitution application to bring on record his heirs and legal representatives, along with an application for condonation of delay. The court allowed both applications, noting that the applicant was not aware of the death earlier, the explanation for delay was satisfactory, and the learned advocate for the deceased respondent had received oral instructions to appear on behalf of the heirs and did not object. The court directed the office to incorporate the heirs in the array of parties.

Court: High Court of Gujarat at Ahmedabad

Coram: Hon’ble the Chief Justice Mrs. Justice Sunita Agarwal and Hon’ble Mr. Justice Pranav Trivedi (Division Bench)

Date of Order: 29th October 2024

Citation: Civil Application (for Condonation of Delay) No.6 of 2024 in Civil Application (for Bringing Heirs) No.5 of 2024 in R/Letters Patent Appeal No.50 of 2015 (unreported)

Core Law: Civil Procedure Code, 1908 – Order XXII (abatement and substitution); Limitation Act, 1963 – Section 5 (condonation of delay).

1.  Heading of the judgment

High court of gujarat at ahmedabad

Civil application (for condonation of delay) no.6 of 2024 in civil application (for bringing heirs) no.5 of 2024 in r/letters patent appeal no.50 of 2015 in r/special civil application no.3093 of 2012

Devisangh vashrambhai rathod (applicant) vs. Collector bhavnagar & ors (respondents)

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