1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6818 OF 2008 IN CIVIL APPLICATION STAMP NO. 4357 OF 2008 IN APPEAL FROM ORDER NO. 56 OF 2000 1) Ratan s/o Baliram Patil and others .. .. Applicants Versus 1) Jadabai Zipru Patil and others .. .. Respondents Shri A. S. Bajaj, Advocate for the Applicants. Shri P. P. Darak, Advocate holding for Shri S. D. Kulkarni Respondents No. 1 to 4. CORAM : S. P. DAVARE, J. DATE : 10TH JUNE, 2009. ORAL ORDER : 1. Perused. 2 2. The applicant/appellant has preferred present application for condonation of delay of about 187 days caused for bringing heirs and L.R's of deceased respondent No. 1B namely Nital @ Nirmalabai w/o Ramdas Patil (Aher) on record. The applicant/appellant submits that recently in the month of January 2008, when record of the present A. O. was searched, it was revealed that notice issued to respondent No. 1B was returned unserved with remark that "respondent No. 1B expired". Hence applicant made inquiry and confirmed that respondent No. 1B expired on 24.05.2007. Thereafter, the applicant obtained death certificate of respondent No. 1B which is annexed herewith at Exhibit C-1. 3. The applicant further submits that since the respondent No. 1B used to reside at village, he was not aware about her death. Accordingly, the applicant came to know about the death of respondent No. 1B first time in January 2008 as aforesaid. 4. The applicant also submits that applicant's substantive rights/ claims are involved in the present A. O. and he has got every hope to succeed in the matter, since present A. O. is based on sound legal footing. 5. Accordingly, the applicant/appellant submits that there is about 187 days delay for bringing the heirs and L.R.'s of deceased respondent 3 No. 1B on record. As the said delay occurred under aforesaid circumstances, the applicant/appellant requested to condone the said delay in the interest of justice. 6. Heard both the counsels for the parties. On considering rival submissions, at the outset, the death certificate produced at Exhibit C-1 confirms that respondent No. 1B namely Nirmalabai Ramdas Patil expired on 24.05.2007 and therefore, right to sue continue to survive in the present A.O. against the heirs and L.R.'s of deceased respondent No. 1B. 7. As stated by the applicant/appellant the factum of death of respondent No. 1B was revealed to the applicant/appellant when her notice was returned unserved with the endorsement that she expired and there is nothing to disbelieve the said contention. Accordingly, the delay caused in filling the present application for bringing the heirs and L.R.'s of deceased respondent No. 1B on record does not appear to be willful and deliberate, and, therefore, same is required to be condoned in the interest of justice. 8. Besides, substantive rights of the applicant/appellant are involved in the present appeal and the applicant is sanguine of success, and therefore also, present application is required to be allowed. 4 9. In the circumstances Civil Application No. 6818/2008 is allowed in terms of prayer clause (B) thereof and same stands disposed of accordingly and the Civil Application Stamp No. 4357/2008 be registered in due course. [ S. P. DAVARE, ] JUDGE bsb/June09/ca 6818.08