1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.5582 OF 2009 IN WRIT PETITION NO.4275 OF 1996 Surajmal s/o Chandanmal Changediya, died L.Rs. Amratibai w/o Surajmal Changediya and others ... APPLICANTS VERSUS Laxman Narayan Rasane, died L.Rs. Shri Sudhir s/o Laxman Rasane & anr. ... RESPONDENTS ..... Shri V.V. Deshmukh, Advocate holding for Shri L.V. Sangit, Advocate for the applicants Shri V.S. Bedre, Advocate for respondents. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. 2. The applicants have preferred the present application to bring the heirs and legal representatives of 2 deceased original petitioner Surajmal Chandanmal Changediya on record. 3. It is submitted that the original petitioner Surajmal Chandanmal Changediya expired at Ahmednagar on 18.11.2008 and death certificate to that effect is produced at Exhibit A. Moreover, this application has been preferred on 18.2.2009 and, therefore, it is submitted that it is within the prescribed period of limitation. 4. Learned counsel for the respondents opposed the present application vehemently and submitted that the present application bears no substance and it is devoid of any merits and hence, same be rejected. 5. Considering the averments in the present application and also considering the rival contentions of the parties, since the original petitioner Surajmal Chandanmal Changediya expired on 18.11.2008, as substantiated by the death certificate produced at Exhibit A, his heirs and legal representatives are required to be brought on record since the right to sue survives and continues in them. Besides, the application is within the period of limitation since it has been preferred on 18.2.2009 and, therefore, present application is required to be allowed in the interest of justice. 3 6. In the result, present application is allowed in terms of prayer clause (B) thereof and heirs and legal representatives of petitioner Surajmal Chandanmal Changediya be brought on record forthwith. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca5582.09