C/CA/4108/2025 ORDER DATED: 01/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4108 of 2025 In R/FIRST APPEAL NO. 2790 of 2018 With CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 1 of 2025 In R/FIRST APPEAL NO. 2790 of 2018 With CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 2 of 2025 In R/FIRST APPEAL NO. 2790 of 2018 ========================================================== EXECUTIVE ENGINEER/ GENERAL MANAGER Versus THAKOR GALBAJI HANSAJI & ORS. ========================================================== Appearance: MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1 MR CHIRAG UPADHYAY, AGP for the Respondent(s) No. 2 MR AV PRAJAPATI(672) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 01/12/2025 ORAL ORDER Order in Civil Application (for Condonation of Delay): 1. The present application is filed under Section 5 of the Limitation Act, 1963, for condonation of delay of 1581 days in preferring an application for bringing the legal heirs of deceased – opponent No.1 on record. C/CA/4108/2025 ORDER DATED: 01/12/2025 2. Heard learned advocate Mr. Ramnandan Singh for the applicant and learned AGP Mr. Chirag Upadhyay for respondent No.2. Though served, none appeared for respondent No.1. 3. Learned advocate for the applicant submits that, during the pendency of the First Appeal, original opponent No.1, Thakor Galbaji Hansaji has expired on 26.07.2020. It is contended that the claimants had filed cross-objection in the year 2023. However, the applicant was not made aware of the death of opponent No.1, and therefore, the application could not be preferred within the prescribed period of limitation. 4. Per contra, learned advocate for the opponent could not contradict the aforesaid contention. 5. Considering the averments made in the application and the submissions canvassed by learned advocates for the respective parties, it appears that pending the Appeal, opponent No.1 has expired on 26.07.2020. However, the delay has occurred because C/CA/4108/2025 ORDER DATED: 01/12/2025 of some loose communication between the applicant and the learned advocate for the applicant. The reasons assigned in the application seem to be reasonable and therefore, sufficient cause is made out for condonation of delay. 6. In the larger interest of justice, the delay is condoned. This Civil Application is allowed. No order as to costs. Order in Civil Application (for bringing Legal heirs): 1. The present application is filed by the applicants for bringing on record the legal heirs / representatives of deceased, who died on 26.07.2020. The death certificate is produced on record. 2. Learned advocate Mr. Ramnandan Singh for the applicant has submitted that the heirs of the deceased are required to be brought on record in the main matter, in view of the fact that the main matter, being First Appeal No.2790 of 2018, would be rendered futile if the heirs of the deceased are not brought on record. C/CA/4108/2025 ORDER DATED: 01/12/2025 3. Considering the averments made in the application and the submissions made by learned advocate for the respective parties, the heirs of the deceased opponent No.1 are found to be necessary parties. Hence, the legal heirs / representatives of deceased, Thakor Galbaji Hansaji are permitted to be joined as party in the proceedings. Necessary amendment is ordered to be carried out forthwith. 4. The present Civil Application stands allowed. No order as to costs. Order in Civil Application (for set aside abatement): 1. This application is filed under Order XXII Rule 4(3) of the Civil Procedure Code, 1908, praying for setting aside the abatement. 2. Heard learned advocate Mr. Ramnandan Singh for the applicant and learned AGP Mr. Chirag Upadhyay for respondent No. 2. Though served, none appeared for respondent No. 1. C/CA/4108/2025 ORDER DATED: 01/12/2025 3. Considering the submissions canvassed by learned advocates for the respective parties and the averments made in the application, the present application deserves consideration and the same is allowed in terms of paragraph 6(A). (D. M. DESAI,J) MUSKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MUSKAN AJAY MENON(HC02359), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 03/12/2025 17:51:56