Bombay High Court
SHRI DINESH NAGINDAS MEHTAversusSOU. SUMA DILIP SHAHA AND ORS.
- Decided
- Disposal
- Allowed
Holding
The interim application to add the legal heirs of the deceased respondent is allowed as it is filed within the limitation period and is authorized by Chapter II Rule 3(i) of the Bombay High Court Appellate Side Rules, 1960.
Summary
The applicant filed an interim application seeking to add the legal heirs of Respondent No. 6, who died on 25‑02‑2025 during the pendency of appeal No. 765 of 2017. A death certificate was annexed to the application. The Registrar noted that the application was filed within the prescribed limitation period. Relying on the power conferred by Chapter II Rule 3(i) of the Bombay High Court Appellate Side Rules, 1960, the court considered the amendment permissible. It ordered the applicant to file an amended copy of the proceedings within two weeks and directed the issuance of notices to the newly added heirs, with a returnable date of eight weeks thereafter. Consequently, the interim application was allowed.
Issues considered
- Whether an interim application to add legal heirs of a deceased party filed during the pendency of an appeal is within the limitation period.
- Whether the Registrar has the authority under the Bombay High Court Appellate Side Rules, 1960 to permit such amendment.
Legislation cited
- Bombay High Court Appellate Side Rules, 1960 — s. Chapter II Rule 3(i)
Subjects
- interim application
- amendment of parties
- death of party
- limitation period
- procedural law
- Bombay High Court
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 213 OF 2026
IN
FIRST APPEAL NO. 765 OF 2017
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Office Notes, Office Memoranda of Coram, Court’s or Judge’s order
appearance, Court’s Orders or directions and
Registrar’s orders
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CORAM : SHRI S. R. AGRAWAL
REGISTRAR (JUDL -II)
DATE : 12/02/2026
This Interim Application is preferred
by the Applicant to bring on record legal
heirs of deceased respondent no. 6.
Respondent No. 6 is died on 25/02/2025
during the pendency of appeal as per
statement made by the learned advocate
for applicant and he has attached death
certificate of said deceased respondent
no. 6 to this interim application.
The Office has placed Interim
Application before the Registrar (Judl. -
II) with a note that, the same is filed
within period of limitation.
Having considered the grounds
coupled with the fact that, application is
within limitation, the prayer (a) is allowed
by virtue of the powers conferred upon
the Registrar vide Chapter II Rule 3, Sub
Rule (i) of the Bombay High Court,
Appellate Side Rules, 1960.
Learned Advocate for the Applicant
to carry out necessary amendment
within 02 (two) weeks and file amended
copy of proceeding in the department.
Office is directed to issue notices to
newly added legal heirs of deceased
respondent, returnable by 08 weeks
after filing amended copy of the
proeedings.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-12.02.2026
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