Bombay High Court
ABDUL SATTAR ABDUL KADARversusM/S. PANDE MISHRA COMPANY
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court held that the death of an appellant does not necessitate further impleadment if heirs are already on record, allowing the deletion of the deceased appellant’s name from the cause title.
Summary
The applicant filed an interim application seeking to delete the name of Appellant No.1‑H, who died in 2013, from the cause title of a first appeal. The applicant argued that all heirs and legal representatives of the deceased were already on record, so no further impleadment was necessary. The court considered whether the delay in filing the application could be condoned and whether the amendment could be made without re‑verification. It held that the delay was condoned, the cause title could be amended to delete the deceased appellant’s name, and re‑verification was not required. Consequently, the interim application was disposed of in favour of the applicant.
Issues considered
- Whether the court may condone delay in filing an interim application for deletion of a deceased party from the cause title.
- Whether the name of a deceased appellant can be deleted from the cause title without impleading heirs if they are already on record.
- Whether re‑verification is required after amending the cause title to delete a deceased party.
Subjects
- interim application
- deletion of party
- amendment of cause title
- condonation of delay
- re‑verification dispensed
Judgment
18-a. IA 2146.2026
Abdul Kadar vs. Pandey Mishra & Co.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI
JYOTI PRAKASH
PAWAR
PRAKASH Date:
PAWAR 2026.03.26
15:22:20
+0530
INTERIM APPLICATION NO. 2146 OF 2026
IN
FIRST APPEAL NO. 1187 OF 1992
Abdul Sattar Abdul Kadar … Applicant/
Appellant No.1B
IN THE MATTER BETWEEN
Abdul Kader Abdul Haq
(Since deceased) and Anr. … Appellants
V/s.
M/s. Pande Mishra Company … Respondent
_______________________________________
Mr. Sagar P. Batavia for the Appellant/Applicant
Ms. Durga Rajput a/w. Ms. Shweta R. Rathod i/b. Elixir Legal Services for
Respondent nos. 1 and 2
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 24th MARCH 2026
P.C. :
1. The Applicant has preferred the present Interim Application
seeking deletion of the name of the Appellant no.1-H from the array of
parties to the present First Appeal since the said Appellant no.1-H is stated to
have passed away on 17th October 2013. The present Interim Application
proceeds on the basis that all the heirs and legal representatives of the
Page 1 of 2
-------------------------------------
Order dated 24th March 2026
18-a. IA 2146.2026
Abdul Kadar vs. Pandey Mishra & Co.
deceased Appellant no.1-H are already on record and therefore no other
person/party is required to be impleaded in her place and stead and only
deletion is required to be done.
2. For the reasons set out therein, the present Interim Application
is required to be allowed in terms of the following order:
:ORDER:
(i) Delay in filing the present Interim Application is hereby
condoned.
(ii) The Applicant is permitted to amend the cause title of the
First Appeal and delete the name of Appellant no.1-H
from the cause title.
(iii) Re-verification is dispensed with.
(iv) Interim Application is disposed of in terms of the above
order.
( FARHAN P. DUBASH, J. )
Jyoti Pawar
Page 2 of 2
-------------------------------------
Order dated 24th March 2026
Checking your session…