:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4082 OF 2008 PETITION NO.4082 OF 2008 PETITION NO.4082 OF 2008 Krishnabai S. Daware ..Petitioner V/s Bayakka B.Patil and Ors. ..Respondents. Mr.P.R.Arjunwadkar for the petitioner CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 17TH JUNE, 2008 : 17TH JUNE, 2008 : 17TH JUNE, 2008 P.C. 1. By the impugned order the application of the petitioner to bring on record the heirs and legal representatives of defendant Nos. 13 and 15 in the suit has been dismissed without issuing notice to the proposed heirs and legal representatives of the said defendant. 2. The learned Counsel for the petitioner has pointed out chapter VII rule 96 (4) of the Civil Manual which provides that the notice to the proposed heirs are mandatory. In the circumstances, it would be appropriate in the facts and circumstances of the case that the impugned order is set aside and the Trial Court is directed to hear the application of :2: the petitioner a fresh after issuing notice to the proposed legal heirs of the defendants No. 13 and 15. Order accordingly. 3. Writ petition is disposed of in terms aforesaid. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)