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
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