HEMA ACHYUT SHAH Vs. PRINCESS UJAWALA RAJE

JUDGEMENT

(1.) The Chamber Summons seeks to set aside the order of 13th February 2014 by which it was held that the Miscellaneous Petition abated on the death of the original revocation Petitioner. There is also a prayer for condonation of delay of 16 months and 29 days in filing this Chamber Summons and for impleadment of the heirs of the original deceased Petitioner.

(2.) The Affidavit in Support makes out no ground whatsoever for any such relief. There is no explanation for the delay. The original revocation Petitioner died on 28th May 2013. As the Affidavit in Support clearly demonstrates there were and are a large number of proceedings in various courts between the original revocation Petitioner, the Respondent and other members of their respective families.

(3.) In paragraph 4 of the of the Affidavit in Reply, the Respondent has set out in detail a tabulation of the various dates when the Miscellaneous Petition was listed. Of particular interest are the dates at Serial Nos. 3, 4 and 5 of this tabulation. On 10th June 2014, the matter was called before R.D. Dhanuka, J. The revocation Petitioner was not present or represented. The Court was informed by the Advocate on behalf of the Respondent that the Petitioner had passed away. It was on account of the absence of representation for the Petitioner that the matter was adjourned for a week. It was then listed on two further dates in June but did not reach. On 11th August 2014, the matter was listed. It reached. The revocation Petitioner was represented. The Court was again informed of the passing away of the revocation Petitioner. Learned Advocate for the present Applicants sought time to take instructions and it was on that basis that the matter was adjourned further.