Bombay High Court

BADRINATH GANGARAM KABRA AND OTHERSversusNATHU DEVCHAND CHOUDHARI AND OTHERS

Disposal: DISPOSED OFF

Holding

The amendment of the title clause to include the deceased respondent's legal representatives is permitted, and fresh notice to the other respondents must be issued.

Summary

The petitioners sought to amend the title clause of a writ petition to include the legal representatives of deceased respondent No.1, Nathu Devchand Choudhari, after his death on 20.08.2024. They justified a 485‑day delay in filing the amendment application, citing the time required to identify the representatives. The Court examined whether such a delay and amendment were permissible under procedural law. It held that the amendment could be allowed despite the delay, provided it is effected within a stipulated period. Consequently, the Court ordered the amendment of the title clause to add respondents 1A, 1B and 1B1 and directed issuance of fresh notice to respondents 3 and 5 on the new address.

Issues considered

Whether the title clause of a writ petition may be amended to include legal representatives of a deceased party after a substantial delay.
Whether a fresh notice can be issued to other respondents on a new address following such amendment.

Subjects

amendment of pleadings
death of party
Civil Procedure Code
writ petition
notice
delay
legal representatives

Judgment

                                1
                                              922-ca-10188-2026

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

              CIVIL APPLICATION NO. 10188 OF 2026
                        IN WP/13376/2024

          Badrinath Gangaram Kabra And Others
                         VERSUS
          Nathu Devchand Choudhari And Others
                            ...
Ms. Renuka Pawar h/f Mr. V. P. Patil, Advocate for Applicants
                            ...
                          WITH
           WRIT PETITION NO. 13376 OF 2024
                            …..
                   CORAM : AJIT B. KADETHANKAR, J.
                       DATED : 04TH SEPTEMBER, 2026

P.C. :-

.         Heard, Ms. Renuka Pawar i/b Mr. V. P. Patil, learned

Advocate for the applicants. She submits that the application

contains composite prayer for bringing legal representatives of

deceased respondent number 1 – Nathu Devchand Choudhari

on record and for issuance of fresh notice to respondent

numbers 3 and 5.

2.        Ms. Renuka Pawar, learned Advocate submits that

during pendency of the writ petition, the respondent no.1

reported to be dead on 20.08.2024. Some time was consumed

in gathering the information of his legal representatives. The
                                 2
                                                 922-ca-10188-2026

things were beyond the control of the petitioner and has

caused delay in filing this application. By justifying the delay

of 485 days caused in filing the application, a prayer is made

to allow the petitioners to amend the title clause of the writ

petition by incorporating the names of respondent numbers

1A, 1B and 1B1 as legal representatives of deceased

respondent No.1.

3.      For the reasons stated in the application, Civil

Application stands allowed. The petitioners are permitted to

amend the title clause of the writ petition and Civil

Application therein by adding names of respondent Nos.1A,

1B, 1B1 as legal representatives of deceased respondent No.1.

Let such amendment be carried out within a period of four

weeks from today. A copy of the amended plaint be served to

the other side.

4.      Issue fresh notice to respondent numbers 3 and 5,

returnable on 05.10.2026 on the fresh address as is mentioned

in the title clause of the Civil Application.



                                     ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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