Gujarat High Court
Hemendrasinh Mansinh Jadav vs Sanjaybhai Govindbhai Dabhi & 3 on 1 February, 2016
Author: S.G.Shah
Bench: S.G.Shah
C/CA/316/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 316 of 2016
In CIVIL APPLICATION (STAMP NUMBER) NO. 12144 of 2015
In CIVIL APPLICATION NO. 3767 of 2015
In FIRST APPEAL (STAMP NUMBER) NO. 326 of 2015
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HEMENDRASINH MANSINH JADAV....Applicant(s)
Versus
SANJAYBHAI GOVINDBHAI DABHI & 3....Respondent(s)
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Appearance:
MR. HEMAL SHAH, ADVOCATE for the Applicant(s) No. 1
MS AMEE YAJNIK, ADVOCATE for the Respondent(s) No. 2
MS KARUNA V RAHEVAR, ADVOCATE for the Respondent(s) No. 4
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CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 01/02/2016
ORAL ORDER
1. Heard learned advocate Mr. Hemal Shah for the applicant.
2. Considering the submissions made by the learned advocate for the applicant, that they came to know about the death of respondent No.3 only by bailiff report submitted for service the notice issued in Civil Application No. 3767 of 2015. Practically for joining legal heirs, such knowledge is not material. Therefore, there is no technical delay in applying to join legal heirs. However, the applicant has filed application to condone the delay in filing the Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Feb 03 02:44:39 IST 2016 C/CA/316/2016 ORDER application for joining legal heirs. Therefore, sufficient cause is shown in the application, I do not see any reason to call upon the other side while granting such application for the simple reason that technically there is no delay at all. Therefore, the present application is allowed, as prayed for. Registry to list the Civil Application (Stamp) No. 12144 of 2015 for appropriate order, at the earliest.
(S.G.SHAH, J.) BD Songara Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Feb 03 02:44:39 IST 2016