Laxmiben Kishanlal Koshti vs Harishbhai Chandumal Nainani
2021 Latest Caselaw 6358 Guj

     C/CRA/7333/2021                                  IA ORDER DATED: 18/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


        CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2021
           In F/CIVIL REVISION APPLICATION NO. 7333 of 2021
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LAXMIBEN KISHANLAL KOSHTI Versus HARISHBHAI CHANDUMAL NAINANI ========================================================== Appearance:

MR HARDIK C RAWAL for the PETITIONER(s) No. MRS MH RAWAL for the PETITIONER(s) No. for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 18/06/2021

IA ORDER Leave to amend the prayer by substituting the word "respondent" by the word "original plaintiffs- applicants". Draft amendment shall be carried out immediately.

2. Heard learned advocate Mr.Hardik Raval for the applicants.

3. What is prayed in this application is to implead the heirs and legal representatives of the deceased plaintiff and to permit the heirs who would pursue to the captioned Civil Revision Application.

4. The original plaintiff- Kishanlal Gopaldas Koshti died on 23.12.2020 after pronouncement of the judgment and decree dated 20.3.2019 in Civil Appeal No.66 of 2012 which is impugned in the present Civil Revision Application. Therefore, the heirs are sought to be joined by filling this application.

4. The names of the heirs are mentioned in paragraph No.2 of

C/CRA/7333/2021 IA ORDER DATED: 18/06/2021

the application as well as in the title of the Civil Application.

5. It was submitted that in view of lockdown and the limitation period having being extended by the Supreme Court, there is no delay in preferring the application.

6. In the facts of the case, the Civil Application deserves to be granted. The applicant Nos.1, 2 and 3 shall be impleaded as heirs and legal representatives of the deceased plaintiff in the Civil Revision Application who would be entitled to pursue the same.

7. The cause title shall be amended accordingly. The present application is disposed of.

(N.V.ANJARIA, J) Manshi