- (1.) The learned counsel for the appellant Mr. J.R. Patel submitted that on account of death of Vishambar Lal on 1.12.2009, his name from the array of respondents- defendants may be deleted and other tenant 1/2 Shiv Kumar S/o Bhikham Chand Bohra is represented by Mr. B.K. Thanvi. Therefore, service is treated as complete and his name be deleted by red-ink. Deletion of name in the cause title may be counter-signed by learned counsel for the respondent.
(2.) For the reasons given in the interim application being I.A. No. 12999/2010 under Section 5 of the Limitation Act, the same is allowed. The delay of 511 days in filing the appeal condoned in view of the reason that the landlord Govind Singh Parihar is residing at England and he could not contact his counsel.
(3.) Heard on merits of the appeal itself by the consent of learned counsels.;