Created by Fuzzy Cloud

Bombay High Court

SHRI. NANDKUMAR NARAYAN MISTRY (SINCE DECEASED) AND ORS.versusUNITED INDIA INSURANCE CO LTD

Decided
Disposal
Disposed Off

Holding

The court held that the name of a deceased party may be deleted and legal representatives substituted, and accordingly allowed the applications.

Summary

The appellant, Mr. Nandkumar Narayan Mistry, died on 30 November 2018 while being the original applicant in a civil suit. The surviving parties filed Civil Application No.3416 of 2019 seeking deletion of the deceased's name and substitution of his legal representatives, and Civil Application No.3474 of 2019 seeking similar relief under prayer clauses (a) to (c). The court examined whether a deceased party's name could be removed and the case proceeded with the representatives. Finding no legal impediment, the court allowed both applications, directing that the necessary amendment be effected within one week and that copies be served on the opposite side. The applications were thereafter disposed, and the matter was stood over to 29 September 2026 for further hearing.

Issues considered

  • Whether the name of a deceased party may be deleted and legal representatives substituted in pending civil applications

Subjects

  • deceased party
  • substitution of legal representatives
  • civil application
  • amendment
  • high court

Judgment

                                                                                   30-FA-1351-2016+.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION


           Digitally signed
           by SATISH
                                                   FIRST APPEAL NO.1351 OF 2016
SATISH
RAMCHANDRA
           RAMCHANDRA
           SANGAR                                             WITH
SANGAR     Date:
           2026.09.01
           18:50:09                             CIVIL APPLICATION NO.3416 OF 2019
           +0530
                                                              WITH
                                              INTERIM APPLICATION NO.486 OF 2020
                                                              WITH
                                                CIVIL APPLICATION NO.3474 OF 2019
                                               [NOT ON BOARD : TAKEN ON BOARD]


                              Mr.Nandkumar Narayan Mistry
                              (Since deceased)
                              Ms.Ashwini Nandkumar Mistry and Ors.          ...Appellants/Applicants

                                     V/s.
                              United India Insurance Co. Ltd. and Ors.          ...Respondents
                                                             *****

                              Ms.Ketki Gokhale i/b.Mr.Avinash Advocate          for      Appellants/
                              M. Gokhale:-                    Applicants.
                              Mr.H.G.Misar:-                     Advocate for Respondent No.1
                                                                 United India Insurance Co. Ltd.
                              Mr.Sachin Raje:-                   Advocate for Respondent No.2
                                                                 Oriental Insurance Co. Ltd.

                                                           *****
                                                      CORAM :            S. M. MODAK, J.
                                                      DATE      :        1st SEPTEMBER 2026
                              P. C. :-

                                               CIVIL APPLICATION NO.3416 OF 2019

                              1.     Heard both the sides.


                              Satish Sangar                                                          1/2
                                                     30-FA-1351-2016+.doc


2.     The      Appellant   No.1–Nandkumar    has   expired   on    30th

November 2018. He was the Original Applicant No.1. This is an

Application for deleting his name and bringing the Legal

Representatives on record. The Application is allowed. Amendment to

be carried out within one week. Copy be served on the other side.

3.     This Application is disposed of.

                CIVIL APPLICATION NO.3474 OF 2019

4.     Heard both the sides.

5.     The Appellant No.1 Nandkumar has expired on 30th November

2018. The Application is allowed in terms of prayer clauses (a) to (c).

Amendment to be carried out within one week. The Application is

disposed of.

6.     Stand over to 29th September 2026.



                                     [S. M. MODAK, J.]




Satish Sangar                                                          2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.