General Manager, Oil And Natural ... vs Raol Nagarsinh Gulabsinh
2021 Latest Caselaw 399 Guj

          C/FA/1281/2018                                     IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


        CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 3 of 2018
                  In R/FIRST APPEAL NO. 1281 of 2018
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GENERAL MANAGER, OIL AND NATURAL GAS CORPORATION LTD.

Versus RAOL NAGARSINH GULABSINH ========================================================== Appearance:

MR AJAY R MEHTA for the PETITIONER(s) No. for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 12/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr. Ajay Mehta for the applicant.

1.1 Rule is served on the respondents, however, none of them have chosen to appear.

2. What is prayed by the applicant Corporation is to permit to implead the names of heirs and legal representatives of deceased respondent No.1 Raol Nagarsinh Gulabsinh. It is further prayed to amend the cause title and to set aide the abatement of the appeal, if any.

3. It is stated that the First Appeal against judgment and award of the Reference Court came to be admitted on 20.6.2018. Learned advocate for the original claimant informed the applicant corporation by letter dated 22.6.2018 about the death of respondent No.1 Raol Nagarsinh Gulabsinh

C/FA/1281/2018 IA ORDER

who died on 22.1.2016. The applicant has annexed the copy of death certificate evidencing the factum of death.

4. The names of the heirs and legal representatives of the said deceased respondent No.1 Raol Nagarsinh Gulabsinh are mentioned in para-4 of the application as well as in the cause title, which are as under,

"1/1 Sonaba Nagarsinh @ Digvijaysinh Roal Female, Age: 66 years 1/2 Mahendrakumari Nagarsinh @ Digvijaysinh Roal Female, Age : 50 years 1/3 Narendrasinh Nagarsinh @ Digvijaysinh Roal Male, Age : 46 years 1/4 Devendrakumari Nagarsinh @ Digvijaysinh Roal Female, Age : 45 years 1/5 Ajaysinh Nagarsinh @ Digvijaysinh Roal Male, Age : 40 years All residing at :

Nathusinh no Madh Village Mansa, Taluka Mansa District : Gandinaagar."

5. The above names are obtained from learned advocate for the original claimant and on the basis of the information communicated to the applicant Corporation, the present application came to be filed. Therefore, in the facts of the case, the same deserves to be granted.

6. The heirs of legal representatives whose names are mentioned in para-4 of the application and in para 4 above, are permitted to be joined as heirs of deceased respondent No.1 Raol Nagarsinh Gulabsinh. The

C/FA/1281/2018 IA ORDER

cause title of the First Appeal and connected applications shall stand amended with impleadment of above heirs and legal representatives. Abatement of the appeal, if any, stands set aside.

7. This application is allowed. Rule is made absolute.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI