New India Assurance Co.Ltd v. Roshanbee Sk.Gaffar And Another

1 CA 5326 of 2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 5326 of 2014 In First Appeal No.116 of 2004 The New India Assurance Co. Ltd.

Aurangabad.

.. Applicant.

Versus

Roshanbee w/o Sk. Gaffar And Another.

.. Respondents.

-------- Shri. M.M. Ambhore, Advocate, for applicant. Shri. R.R. Shaikh, Advocate, for respondent No.2. -------- CORAM: T.V. NALAWADE, J.

DATE : 19th NOVEMBER 2015 ORDER:

1) The application is filed for condonation of delay caused in bringing legal representatives of respondent No.2 on the record and for permission to bring legal representatives on record. Notice was issued to the proposed legal representatives and learned counsel Shri. R.R. Shaikh is appearing for the proposed legal representatives. Both the sides are heard.

2 CA 5326 of 2014 2) In view of the contents of the application and as the procedure as required under Order 22 Rule 10 of the Civil Procedure Code is not followed. there is sufficient cause shown. The application is allowed. Delay is condoned and permission is granted to bring legal representatives on the record. Amendment is to be carried out immediately in First Appeal No.116 of 2004. Notice in appeal to the legal representatives of the deceased respondent No.2 is waived by learned counsel Shri R.R. Shaikh. Stand over to 11th December 2015.

Sd/- (T.V. NALAWADE, J. ) rsl