Bombay High Court

HINDURAO DNYANU CHOUGULE (DECEASED THROUGH HEIRS)versusBABURAO BAPU CHOUGULE AND ORS.

Disposal: Allowed

Holding

The court held that the civil application is allowed, permitting the addition of the legal heirs as respondents, subject to amendment within two weeks.

Summary

The appellant filed a civil application to bring on record the legal heirs of a deceased appellant as respondents, alleging that those heirs (respondents 9 to 11) are unwilling to sign vakalatnama or appear. The appellant argued that, in the absence of their participation, they must be added as respondents. The bailiff report showed that respondent 10 could not be located at the address in the cause title, while respondents 9 and 11 had been served. No opposition was raised by the heirs, and the court heard counsel for both sides before reviewing the application. The court found a case made out for allowing the application and ordered that the amendment be effected within two weeks.

Issues considered

Whether the legal heirs of a deceased appellant can be added as respondents through a civil application when they refuse to appear.
Whether the court may permit amendment of the parties to include such heirs despite their non‑appearance.

Subjects

civil procedure
addition of parties
legal heirs
civil application
amendment of pleadings

Judgment

                                                            2-CAS-1293-2017 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                     CIVIL APPLICATION NO. 1293 OF 2017
                                      IN
                       SECOND APPEAL NO. 774 OF 2015
        Hindurao Dnyanu Chougule
        (deceased Through Heirs)                          ...Applicant
                    VERSUS
        Baburao Bapu Chougule And Ors                 ...Respondents

                                        ___________
        Ms.Preeti Walimbe (Through VC) a/w. Mr. Moin Momin, Advocate
        for Appellant.
        Mr. Onkar Bajaj i/b. Mr Kuldeep Nikam, Advocate for respondent
        nos. 1, 2A to 2D, 3A to 3C & 3 to 6.
                                       ___________

                                           CORAM : RAJESH S. PATIL, J.
                                           DATE : 28 AUGUST 2026
        P. C. :

                          CIVIL APPLICATION NO. 1293 OF 2017

        1.        This civil application has been filed by the appellant to bring

        on record the legal heirs of deceased appellant No. 1(d).

        2.        It is the case of the appellant that the legal heirs of deceased

        appellant No. 1(d) are respondent Nos. 9 to 11. They are not ready

        to either come forward and sign vakalatnama and appear along with

        the present appellant.

        3.        Hence, the appellant has no other choice but to add the legal

        heirs of deceased appellant No. 1(d) as respondents.

        4.        Office remark shows that respondent Nos. 9 and 11 have been



Rushi                                         1 of 2
                                                        2-CAS-1293-2017 (C).docx


        served.

        5.     As regards respondent No. 10, the bailiff report shows that

        respondent No. 10 is not residing at the address as mentioned in the

        cause title.

        6.     None appears on behalf of respondent Nos. 9 to 11 when the

        matter is called out.

        7.     I have heard the counsel appearing for the appellant and the

        counsel appearing for respondent Nos. 1 to 6 and I have gone

        through the contents of the civil application. A case is made out to

        allow the civil application. Civil application stands allowed in terms

        of prayer clauses (a) and (b).


        8.     Amendment to be carried out within a period of two weeks

        from today.



                                                    [RAJESH S. PATIL, J.]




Rushi                                     2 of 2

Continue reading with your account

Checking your session…