New India Assurance Co. Ltd. vs Pradhanji Hajurji Thakor
2021 Latest Caselaw 1887 Guj

Citation : 2021 Latest Caselaw 1887 Guj
Judgement Date : 9 February, 2021

Gujarat High Court

New India Assurance Co. Ltd. vs Pradhanji Hajurji Thakor on 9 February, 2021

Bench: Vaibhavi D. Nanavati

          C/FA/2582/2018                                        IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 2582 of 2018
==========================================================

NEW INDIA ASSURANCE CO. LTD.

Versus PRADHANJI HAJURJI THAKOR ========================================================== Appearance:

MR AJAY R MEHTA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR DK CHAUDHARI for the RESPONDENT(s) No. MR MA KHARADI for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 09/02/2021 IA ORDER

The present application is taken up for hearing since the delay is condoned by even dated order.

Heard learned advocates appearing for the respective parties.

Rule. Learned advocate Mr.M.A.Kharadi waives service of notice of rule for the respondent no.2A and Learned advocate Mr.D.K.Chaudhari waives service of notice of rule for the respondent no.3.

By way of this application, the applicants have prayed for bringing them on record in the appeal as legal heirs of the deceased respondent no.4-Veljibhai Ragabhai Chaudhary, who has expired on 13.06.2006.

Learned advocate for the applicant has placed reliance on the judgment of the Delhi High Court in the case of Oriental Insurance Co. Ltd. V/s. Biro Devi & Ors., 2015 ACJ 340 more particularly paragraph nos.21 and 23. He has submitted that the death certificate is produced at Annexure-A shows that the

C/FA/2582/2018 IA ORDER

respondent no.4 passed away on 13.06.2006.

Considering the above referred judgment relied upon by the learned advocate for the applicant and the averments made in this application, present application is allowed in terms of paragraph no.7 of the application. Accordingly, the cause title be amended in terms of paragraph no.3 of the application. The respondents are permitted to be impleaded as legal heirs of deceased respondent no.4-Veljibhai Ragabhai Chaudhary in the main matter. Rule is made absolute.

(VAIBHAVI D. NANAVATI,J) ABHISHEK