1 ca7107.07 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7107 OF 2007 IN SECOND APPEAL NO.1042 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Coram: Shrihri P. Davare, J. Date : 25.02.2011. Ms. Bhushan M.Kathar Advocate, holding for Shri P. F. Patni, Advocate, for the applicant. Shri G.D. Shaikh, Adv. for Respondent No.1. Shri B.S. Shinde, Adv. for Resp.Nos.3A to 3C. ----- 1. Heard learned counsel for the applicant. 2. This is an application preferred by the applicant-original appellant for bringing heirs and legal representatives of deceased respondent No.3 on record of the present second appeal. 3. According to the applicant, respondent No.3 Sandu Laxman Doiphonde expired on 24.10.2005 and a copy of his death certificate is annexed at Exhibit 2 ca7107.07 A. It is the contention of the applicant that Respondent Nos. 3A to 3C in the present application are the heirs and legal representatives of deceased Respondent No.3 and, therefore, they are required to be brought on record in place of deceased Respondent no.3. 4. It is also contended by the applicant that Respondent No. 3 did not appear before the trial court, as well as first appellate court, and the suit against him proceeded exparte. 5. Considering the contents of the application and since respondent No. 3 is expired and present respondent Nos. 3A to 3C are his heirs and legal representatives, right to sue survives and continues in them and hence, they are required to be brought on record of the second appeal, as heirs and legal representatives of deceased Respondent No.3, and therefore, present application deserves to be allowed in the interest of justice. 3 ca7107.07 6. Hence, application is allowed in terms of prayer clause (B) thereof and Respondent Nos. 3A to 3C in the civil application, be brought on record as heirs and legal representatives of Respondent No.3 in the second appeal, by carrying out necessary amendment within three weeks i.e. on or before 18.3.2011. 7. Present application stands disposed of, accordingly. pnd/ca7107.07 (SHRIHARI P. DAVARE, J.)