ash 1 caf-4729.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4729 OF 2010 IN FIRST APPEAL NO. 614 OF 1998 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri N.J. D’Monte for the Applicants. Ms Eventa A. Gonsalves for Respondent Nos.5A to 5E. -- CORAM : A.S.OKA, J. DATE :15TH JUNE, 2011 P.C.: . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the proposed legal representatives. The objection of the learned counsel appearing for the proposed legal representatives is that the deceased Respondent No.5 was the real brother of the Applicant No.1, and therefore, the Applicants were at all material times fully aware of the death of the deceased Respondent No.5 which occurred on 26th September, 2006. She submitted that there is no explanation for long delay of about four years. Learned ash 2 caf-4729.10 counsel appearing for the Respondents relied upon a decision of the Apex Court in Balwant Singh (Dead) Vs. Jagdish Singh & Ors., [2010(6) ALLMR 480] and contended that liberal view cannot be taken. 2. Perused the averments made in the Application as well as in the Affidavit. The ground pleaded for delay is not that the Applicants were not aware about the death of the deceased. The ground is that the Applicants were not aware about the requirement of filing an application for brining the legal representatives of the deceased on record. The ground is that in October, 2010, when a Chamber Summons taken out by the proposed legal representatives in the suit filed on the original side of this Court was brought to the notice of the new Advocate appointed by the Applicants, they were advised to take out the present Application. 3. Hence, sufficient cause is made out for condonation of delay. However, considering the length of delay, Applicants will have to pay costs quantified at Rs. 7,500/-. Hence, the Application is allowed in terms of prayer clauses (a) and (b) subject to condition of the applicants paying costs of Rs.7,500/- to the proposed ash 3 caf-4729.10 legal representatives within a period of four weeks from today. Payment of costs will be condition precedent. (A.S.OKA, J)