(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F. NO. 1568/2010 IN F.A.NO.285/2010. City of Nagpur Municipal Corporation. VERSUS 1.Jagannath Sakharam Somkuwar and others. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : R.M.SAVANT, J. DATED : 21.01.2011. Heard Shri C.S. Kaptan, the learned Counsel for the applicant/appellant. By the above Civil Application, the applicant prays for condonation of delay of 1152 days in filing the application for bringing the legal heirs of the respondent no.5 Laxmibai Narayan Patil on record. The reasons why the delay has occasioned have been mentioned in the Civil Application. It is the case of the applicant that during the course of the trial it was not aware of death of Laxmibai, and no information as regards her death was supplied to it. The plaintiff also did not bring her heirs on record. The learned Counsel for the applicant further submits that (2) though the decree passed is a nullity, as it is against a dead person. Nevertheless the Corporation has to challenge the same. Considering the reasons mentioned in the Civil Application, the same deserve acceptance. Civil Application is accordingly allowed. Resultantly, the delay of 1152 days in filing the application for bringing the legal heirs on record stands condoned. Civil Application is accordingly disposed of. .......... Civil Application (F) No. 1388/2010. This Civil Application has been filed by the applicant / appellant taking recourse to Order 22 Rule 4 of the Code of Civil Procedure, so as to bring the heirs of respondent no.5 on record. By an order passed today in a companion Civil Application No. 1568/2010 the delay is already condoned. In my view, the above Civil Application, is therefore, required to be allowed and his accordingly allowed. The learned Counsel for the applicant/appellant to amend the cause title of the proceedings so as to bring the heirs of respondent no.5 on record within a period of two weeks from today. On such amendment being carried out, office (3) to issue notice to the said respondent 5[a], returnable on 17.02.2011. Civil Application No. 1388/2010 is accordingly disposed of. JUDGE Rgd