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Bombay High Court

ABDUL SATTAR ABDUL KADARversusM/S. PANDE MISHRA COMPANY

Decided
Disposal
Disposed Off

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


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