Bombay High Court
YATIN NAGINCHANDRA SHAHversusBHAGWANDAS JAGANATH ARORA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the amendment to record the legal heirs and their address may be allowed as it causes no prejudice.
Summary
The applicant, Yatin Naginchandra Shah, filed an interim application in a testamentary suit seeking to bring on record the legal heirs of Defendant No.1 and to amend their address as set out in the petition. The application was served on the respondents, Bhagwandas Jaganath Arora & Ors., who failed to appear. The court considered whether such amendment could be made without prejudice to the parties. It held that the amendment could be permitted as it did not cause prejudice. Consequently, the court allowed the interim application and directed that the amendment be effected within one week.
Issues considered
- Whether the legal heirs of Defendant No.1 can be brought on record through an amendment to the petition
- Whether the address of the legal heirs can be amended without prejudice to the respondents
- Whether the interim application can be entertained despite non-appearance of respondents
Subjects
- interim application
- amendment of parties
- legal heirs
- testamentary suit
- procedural law
- non-appearance
Judgment
1/2 23-IA-2076-2026 (OS) .DOC
Digitally
signed by
VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE Date:
2026.09.30
10:56:06
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 2076 OF 2026
IN
TESTAMENTARY SUIT NO. 92 OF 2019
IN
TESTAMENTARY PETITION NO. 1856 OF 2018
Yatin Naginchandra Shah ...Applicant
Versus
Bhagwandas Jaganath Arora & Ors. ...Respondents
_______
Mr. Ivor Peter D’cruz a/w Mr. Pierre Fernandes and Ms. Rupali Singh i/b Mr.
Ivor Peter D’cruz, for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 28th SEPTEMBER, 2026
P.C.
1. This Interim Application seeks to bring on record the legal heirs of
Defendant No.1 as also to amend the address of the legal heirs, more particularly
set out in the Petition.
2. A copy of this Interim Application has been served on the Respondents.
Despite which, none has appeared.
3. Having heard learned counsel and having perused the Interim
Application, in my view, the same would have to be allowed. There would be no
prejudice caused to any of the parties. This Interim Application is allowed in
terms of prayer clauses (a) to (d).
Vaibhav
2/2 23-IA-2076-2026 (OS) .DOC
4. Amendment to be carried out within a period of one week from today.
[ARIF S. DOCTOR, J.]
Vaibhav
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