1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO.12781 OF 2009 IN CIVIL APPLICATION NO.1469 OF 2006 IN SECOND APPEAL NO.37 OF 1988 Narayan Namdev Mane & ors ..Applicants V/s. Shivdas Pralhad Mane & ors ..Respondents Mr.Surel S. Shah, Advocate, for the applicants Mr.Sandeep Salunkhe, Advocate, for the respondents CORAM : R.M.SAVANT, J. DATE : 7TH AUGUST, 2009 P.C. . The above Civil Application has been filed seeking review of the Order dated 1st August, 2008, passed by this Court. The review is sought to the extent of prayer clauses (c) and (d) of the Civil Application No.1469 of 2006 in respect of which no Orders were passed at the hearing of the said Civil Application, in view of the fact that the Second Appeal itself was placed for final hearing. The 2 above Second Appeal had come up for final hearing before a learned Single Judge of this Court. An objection was raised by the contesting respondents that the said Appeal had abated in view of the fact that the heirs of the appellant No.3 were not brought on record. Looking to the Order dated 1st August, 2008, passed in the said Civil Application No.1469 of 2006, the learned Single Judge according to the applicants had opined that it is better, if the applicants sought clarification/review of the Order dated 1st August, 2008. This is how the instant Civil Application was filed. The prayer in the above Civil Application for condonation of delay was considered on an earlier occassion and by Order dated 10th July, 2009, the delay came to be condoned. The above Civil Application, therefore, remained insofar prayer for review is concerned. 2. The grounds on which review is sought in respect of the prayer clauses (c) and (d) of Civil Application No.1469 of 2006 are mentioned in prayer 3 clauses (e) and (f) of the Civil Application. The sum and substance of the case of the applicants is that they are lay persons and have no knowledge as regards the niceties of law and therefore, though the appellant No.3 had expired in the year 1990, they were not aware as to what steps had to be taken in respect of the said appellant No.3. The applicants have also mentioned that their first lawyer was elevated as an Hon'ble Judge of this Court and lawyer, who was appointed thereafter had also been appointed as an Hon'ble Judge of the Bombay City Civil Court. In such circumstances, they were not aware of the lacuna that had arisen in the Second Appeal filed by them and as a consequence of which the Appeal had stood abated as against the appellant No.3. 3. On the other hand, respondent No.1 has filed an Affidavit-in-reply wherein he has questioned the justification set out by the applicants seeking condonation of delay to bring 4 the heirs of the appellant No.3 on record. It is the case of the respondent No.1 that no case much less sufficient, cause has been shown by the applicants for seeking condonation of delay. 4. I have heard the learned counsel for the parties and have considered the rival contentions. 5. It would be pertinent to note that the decree against the appellants herein is joint and indivisible. The Appeal though abated against the appellant No.3 survived against other appellants and therefore, it would be unjust on the other appellants, if the delay is not condoned as regards bringing the heirs of the appellant No.3 on record. It would also be necessary to consider the grounds set out in the paragraphs of the Civil Application as mentioned above. In my view, the said grounds are worthy of acceptance in the factual background of the instant case. Hence, ground for review has been made out. The instant Civil Application, 5 therefore, would have to be allowed and is accordingly allowed in terms of prayer clause (b) and resultantly, prayer clauses (c) and (d) of Civil Application No.1469 of 2006 are also allowed. The applicants to bring the legal heirs of the appellant No.3/original applicant No.3 on record and carry out the said amendment within two weeks from date. The above Civil Application is accordingly disposed of. ( R.M.SAVANT. J.)