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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

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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