:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 1864 OF 2007 APPLICATION NO. 1864 OF 2007 APPLICATION NO. 1864 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO. 8034 OF 2005 PETITION NO. 8034 OF 2005 PETITION NO. 8034 OF 2005 Amritlal Chetai Dhobi ..Applicant V/s Pancham Badlu Dhobi & Ors ..Respondents. Mr. Ashutosh Khandeparkar i/b M/s A.M.K. Legal for the applicant Mr. Clive D’souza for the respondent Nos. 1A to 19 CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 14TH MARCH, 2008 : 14TH MARCH, 2008 : 14TH MARCH, 2008 P.C. 1. This civil application has been taken out by the applicant/petitioner to bring on record the legal heirs of the deceased respondent No.1 in the writ petition. By letter dated 19-12-2005 the Advocate for respondent No.1 informed the Advocate for the applicant that the respondent No.1 expired on 3-12-2005 leaving behind the proposed respondents, as his legal heirs. The civil application has been taken out on 13th March, 2006. 2. The learned Counsel for the respondent has :2: opposed the application on the ground that since there is no specific prayer to set aside the abatement, the Writ petition against respondent No.1 has abated. 3. I have heard the learned Counsel for the parties and perused the record including the reply filed by the proposed respondents. Merely because there is no prayer for setting aside abatement does not mean that the applicant should not be permitted to bring the legal heirs of the deceased respondent No.1 on record. It is noted that the application is made within 90 days of the date of receipt of intimation of the death of the respondent No.1 from Advocate of respondent No.1, by the applicant. 3. In the case of K. Rudrappa V/s Shivappa K. Rudrappa V/s Shivappa K. Rudrappa V/s Shivappa reported in 2004 (12) SCC 253, wherein a similar issue was decided, the Hon’ble Supreme Court observed as follows:- " hypertechnical view ought not to have been taken simply because there is no prayer of setting aside abatement of the appeal and for condonation of delay and that hypertechnical objection should not come in the way of doing full and complete justice between the parties." :3: 4. Considering the principles laid down in the above decision, the civil application is allowed in terms of prayer clause (a) and the abatement is set aside. 5. Amendment to be carried within three weeks . 6. Civil Application is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)