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Bombay High Court

PRAKASH RAGHUNATH SHENAIversusM/S. PUNJ LIOYD TLD.

Decided
Disposal
Disposed Off

Holding

The Court held that the cause title may be amended even after the expiry of the prescribed period where no objection is raised and no prejudice is caused.

Summary

The appellant, Prakash R. Shenai, filed an interim application seeking to amend the cause title of First Appeal No. 22 of 2016 because the original appellant, the deceased Ms. Prabha Shenai, had expired on 15 October 2025. The amendment sought to replace the deceased appellant’s name with that of her husband, Mr. Prakash Shenai, on the record. The respondent, M/S. Punj Lloyd TLD, did not oppose the amendment. The Court examined whether the amendment could be permitted despite the lapse of the statutory period for amendment of cause title. Finding no objection and noting that the amendment would not prejudice the respondent, the Court allowed the amendment and directed it to be effected within six weeks. The interim application was consequently disposed of.

Issues considered

  • Whether the cause title of an appeal may be amended after the expiry of the period prescribed for amendment under the Civil Procedure Code

Subjects

  • amendment of cause title
  • civil procedure
  • interim application
  • High Court of Bombay
  • appeal
  • expiry of statutory period

Judgment

                                                         11-IA-1664-26.doc


                                                                         rsk
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

               INTERIM APPLICATION NO.1664 OF 2026
                                IN
                    FIRST APPEAL NO.22 OF 2016

Prakash Raghunath Shenai                            ...Applicant
Vs
M/S. Punj Lioyd TLD.                                ...Respondent
      ____________________________________________________
Mr. Prakash R. Shenai-Appellant-in-person.
Mr. Mohan Rao i/b Mr. D. S. Mishra for the Respondent.
      _____________________________________________________

                                CORAM :      JITENDRA JAIN, J.
                                DATED :      04 MARCH 2026

P. C.:
1.     By this application, the applicant seeks amendment to the cause

title of the First Appeal since the original appellant Ms. Prabha Shenai

has expired on 15 October 2025.

2.    I have perused the application and there being no objection to the

amendment to the cause title by which Mr. Prakash Shenai, husband of

the deceased is sought to be brought on record.

3.    Amendment to be carried out within 6 weeks from today in all

the copies of all the parties. Interim Application is disposed of.




                                                 [ JITENDRA JAIN, J. ]




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