Bombay High Court
GOURI NITIN SHIURKAR AND ORS.versusDHONDIRAM YASHWANT SALOKHE DECEASED THR. LRS. INDUBAI Y SALOKHE
- Disposal
- Allowed
Holding
An application filed within the 90‑day period, accompanied by a death certificate and pursis, is sufficient to bring the legal representatives of a deceased party on record under Order 22 Rule 10A of the CPC.
Summary
The applicants filed an interim application seeking to bring the legal representative of Applicant No. 2, who died on 23‑05‑2026, on record and to amend the pleadings accordingly. They submitted the death certificate and a pursis under Order 22 Rule 10A of the Code of Civil Procedure, asserting that the application was within the statutory 90‑day period. The court examined the documents and noted that Applicant No. 1 was already representing the estate of the deceased. Finding the application compliant with the procedural requirement, the court permitted the legal heirs to be brought on record and ordered the amendment to be effected immediately. The interim application was thereafter disposed of.
Issues considered
- Whether an application filed within 90 days of a party's death, supported by a death certificate and pursis, suffices to bring the legal representatives on record under Order 22 Rule 10A CPC.
- Whether the court may allow amendment of the pleadings to include the legal heirs of the deceased party.
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 22 Rule 10A
Subjects
- Legal representatives
- Death of party
- Order 22 Rule 10A
- Amendment
- Civil Procedure
Judgment
17-IA-1381-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1381 OF 2026
IN
CIVIL REVISION APPLICATION NO. 109 OF 2026
Gouri Nitin Shiurkar And Ors. … Applicants
Versus
Dhondiram Yashwant Salokhe
Deceased Thr. Lrs. Indubai Y Salokhe … Respondent
_______________________________________________________________
Mr. Nakul Shukla, Advocate for the Applicants.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 21st September, 2026.
P.C. :
1. Heard Mr. Nakul Shukla, learned Advocate for the Applicants.
2. By the present Application, the Applicants have sought for the
following substantive relief in terms of prayer clause (a):-
(a) This Hon’ble Court be pleased to allow the
present application for bringing legal representative of
Applicant No. 2 i.e. Sitakant Vasudev Kotnis on record and
carry out the necessary amendment;
3. Mr. Nakul Shukla, learned Advocate for the Applicants, states
that the Applicant No. 2 (Defendant No. 2), passed away on
23.05.2026. He relies on Exhibit-A, i.e. the Death Certificate of the
deceased Applicant No. 2. He submits that the Advocate representing
Arjun 1
17-IA-1381-2026.doc
the Applicant No. 2 / Defendant No. 2, in Special Civil Suit No 804 of
2018, has filed a pursis intimating the death of the Applicant No. 2, as
required under Order 22 Rule 10A of Code of Civil Procedure, 1908. He
submits that this Application is filed within the period of 90 days, and
therefore the Applicants are entitled to bring the legal representatives of
the Applicant No. 2 on record. He submits that the persons mentioned
in paragraph no. 13 of this Application are the legal representatives of
the deceased Applicant No. 2, amongst which, Applicant No. 1 is
already on record.
4. Mr. Nakul Shukla, learned Advocate for the Applicants, states
that he has the required authority and Vakalatnama to represent the
proposed legal representatives at serial No. 13 (2A and 2B).
5. Considering the statements made by Mr. Nakul Shukla, learned
Advocate for the Applicants, more particularly that the Application for
bringing legal representatives on record is filed within the period of 90
days from the date of death of Applicant No. 2 and further the Applicant
No. 1 already representing the estate of Applicant No. 2, this
Application is allowed in terms of prayer clause (a).
6. Mr. Nakul Shukla, learned Advocate for the Applicants, requests
Arjun 2
17-IA-1381-2026.doc
for permission to carry out amendment to bring the legal heirs of
Applicant No. 2 on record, forthwith.
7. Permission to bring the legal heirs of Applicant No. 2 on record
is granted. Amendment be carried out forthwith.
8. Interim Application No. 1381 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.23
10:14:19
+0530
Arjun 3
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