: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2518 OF 2004 IN FIRST APPEAL NO.70 OF 1999 Pandurang Jyoti Patil .. Applicant V/s. Dnyanu Jyoti Patil, Decd., Thru’ Jayashree D. Patil & Ors. .. Respondents Mr. P.B. Kulkarni i/b. Mr. P.S. Dani for the Applicant. Mr. Ajit N. Jakhadi for Respondent Nos.1 to 6. CORAM : SMT. NISHITA MHATRE, J. DATED : 6 TH APRIL, 2010. P.C.: 1. This Civil Application has been filed for condoning the delay of almost two years in presenting an application for bringing on record the legal heirs of the deceased respondent Dnyanu Jyoti Patil. The averments made in the present Civil Application indicate that the applicant contends that he was not aware that of the law that he was required to bring on record the legal heirs of the deceased respondent within 90 days of the date of death of the respondent. According to the : 2 : applicant, he was informed of this position in September, 2003 and immediately thereafter he preferred the present Civil Application after obtaining a certified copy of the death certificate. 2. The Civil Application is opposed on behalf of the respondents. The learned Counsel contends that ignorance of law is not sufficient reason for condoning the delay. He relies on the judgment of the Madhya Pradesh High Court in the case of Nanda & Ors. v/s. Lachhman & Ors., reported in AIR 1982 Madhya Pradesh 8, wherein the Court has observed that the mere circumstance of the litigant being ignorant of the law relating to the legal representatives of the deceased being brought on record, by itself cannot be just and sufficient cause for condoning the delay. 3. I have perused the judgment of the Madhya Pradesh High Court. It is true that ignorance of law cannot be condoned, nor can that be the only reason for condoning the delay. However, that : 3 : judgment of the Madhya Pradesh High Court was delivered in the facts and circumstances of the case where the application was filed 5 or 6 years after the person had died. In the present case, the application has been filed within two years of the death of the deceased respondent. 4. Besides this, it was necessary under Order 22 Rule 10A of the Code of Civil Procedure for the Advocate for the respondent to inform the Advocate for the applicant of the death of the respondent and the names of the legal heirs of the respondent. There is no indication as to when this procedure was carried out by the Advocate for the respondent. 5. Hence, in my view, the Civil Application must be allowed, however, on payment of costs of Rs.1,000/- to the respondents within a period of two weeks from today. 6. Accordingly, the Civil Application is allowed in terms of prayer clauses (a) and (b).