Bombay High Court

1. GARFIELD JOHNSON CARVALHO and OTHERSversus1. MRS. MERCY ANDREWS D'SOUZA and OTHERS

Decided: 8 April 2026
Disposal: Allowed
Bench: GAURI GODSE

Holding

The Court condoned the delay and allowed the amendment to bring on record the heirs of the deceased respondent.

Summary

The applicants sought to bring on record the heirs and legal representatives of a deceased respondent in a pending civil application for condonation of delay. The respondents opposed, alleging the applicants should have known of the death. The Court examined the applicants' sworn statement that they were unaware of the death until notified and found no contrary evidence. Consequently, the Court found no reason to reject the condonation of delay. The delay was condoned, and the applicants were permitted to amend the pleadings to include the heirs as parties. The application was allowed, with the amendment to be effected within three weeks.

Issues considered

Whether the delay in seeking to bring on record the heirs of a deceased respondent can be condoned.
Whether the Court may permit amendment of the civil application to include the heirs as parties.

Subjects

condonation of delay
amendment of pleadings
heirs
civil procedure
high court order

Judgment

2026:BHC-AS:16860

                                                              13-CAS-852-2015.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                           CIVIL APPLICATION NO. 852 OF 2015
   Swapnil
                                              IN
                       SECOND APPEAL (STAMP) NO. 13377 OF 2014
               Garfield Johnson Carvalho and Ors.        …    Applicants
                    Vs.
               Mercy Andrews D’souza and Ors.            …    Respondents


               Mr. Sanjay S. Naik i/b. Mr. R. D. Suryawanshi for the
               applicants.
               Mr. Anil D’Souza a/w. Mr. Ernest Tuscano a/w. Mr. Mark
               Dbritto for respondent nos. 2B to 2F.
               Mr. Prathmesh Seth a/w. Mr. Joseph Fernandes and Ms.
               Trupti Gosavi for respondent nos. 5 to 7.

                                       CORAM : GAURI GODSE, J.

                                       DATE :       8th APRIL 2026

               ORDER :


               1.      This application is to bring on record heirs and legal

               representatives of deceased respondent no.2.


               2.      This application is opposed on behalf of the respondent

               no.2B to 2F. Learned counsel for the respondents submits

               that the applicants are their cousins, it is unbelievable that

               the applicants were unaware about the death of respondent

               no.2.
                                              1/2
                                                13-CAS-852-2015.docx


3.    I have perused the application, the applicants have

stated in paragraph 6 that they were unaware about the

death of respondent no.2 and immediately after receipt of the

intimation received from their advocate about the service

report, they have applied for bringing on record the names of

heirs and legal representatives. There is no reply filed to the

application disputing the correctness of the statements made

on oath in paragraph 6 of the application. I do not see any

reason to disbelieve the grounds raised for condonation of

delay.


4.    For the reasons stated in the application delay is

condoned.


5.    Applicants are permitted to bring on record the names

of respondent nos.2B to 2F as the heirs and legal

representatives of deceased respondent no.2 in Civil

Application No. 1396 of 2014 which is filed for condonation of

delay in filing the second appeal.


6.    The civil application is allowed in the aforesaid terms.


7.    Amendment to be carried out within three weeks.


                                          [GAURI GODSE, J.]

                               2/2

Continue reading with your account

Checking your session…