Bombay High Court
Manik Laximan TotareversusThe Union of India, Through the General Manager, Central Railway,
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay and ordered correction of the middle names, allowing the legal heirs to be brought on record.
Summary
The applicant filed a civil application seeking to condone delay in bringing the legal heirs of deceased applicants 1, 4 and 7 on record and to correct typographical errors in the middle names of applicants 1 to 5 in earlier pleadings. The court examined whether it could permit the amendment of the title clause to reflect the correct names and allow the late inclusion of the heirs. Relying on procedural discretion, the bench held that the corrections were permissible and that the delay could be condoned. Consequently, the application was allowed, the specified name corrections were ordered, and the legal heirs were to be entered on record within two weeks. The civil application was thereafter disposed.
Issues considered
- Whether the court may condone delay in bringing legal heirs on record.
- Whether the court may order correction of middle names in the title clause of earlier pleadings.
Subjects
- civil procedure
- condonation of delay
- correction of names
- legal heirs
- amendment of pleadings
Judgment
2026:BHC-AUG:39965
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9606 OF 2026
IN FA/616/2026
MANIK LAXIMAN TOTARE
VERSUS
THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
CENTRAL RAILWAY,
...
Advocate for Applicant : Mr. Shinde Chandrakant Kondiram
AGP for Respondent No. 3 : Ms. Preeti Diggikar
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 28th AUGUST, 2026
PER COURT :
1. This Application is filed for bringing LRs of deceased
Applicant nos. 1, 4 and 7, on record by condoning the delay and to
correct the middle name of Applicant no. 1 to 5.
2. It is stated that the middle of name of Applicant nos. 1 to 4 is
shown as ‘Laximan’ which ought to be ‘Laxman’ and the middle name of
Applicant no. 5 is shown as ‘Shripatrao’ which ought to be ‘Shripati’ in
the title clause of First Appeal and Civil Application filed therein.
3. In view of the averments made in the Application, Civil
Application is allowed in terms of prayer clauses ‘A-1’, ‘B’, ‘C’, ‘D’ and
‘D-1’.
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4. The necessary corrections in the middle name of Applicant
nos. 1 to 5 shall be carried out and bring the legal heirs of Applicant nos.
1, 4 and 7 on record, within a period of two weeks.
5. The Civil Application stands disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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