Bombay High Court

BETU CUSTA VELIP (SINCE DECEASED) THR LR'S AND 15 ORSversusANTONIO DIAS E PINTO (SINCE DECEASED) THR LR'S AND 4 ORS

Disposal: Allowed
Bench: REGISTRAR

Holding

A deceased appellant’s legal representatives may be brought on record if the application is filed within the limitation period and is supported by proper proof of death.

Summary

The applicants filed a miscellaneous civil application to bring the legal representatives of the deceased Appellant No. 2(a) on record in a pending appeal. Appellant No. 2(a) died on 01/01/2026 and the application was filed on 17/03/2026, well within the prescribed limitation period. The death certificate was produced and the wife of the deceased was already listed as a party. The application, supported by an affidavit, sought to add the legal heirs named in paragraph 4 to the appeal record. The Registrar examined the timeliness and the documentary proof of death and allowed the application, directing that the legal representatives be entered as Appellant No. 2(a) (I) and 2(a) (viii) and that the appeal memorandum be amended within seven days.

Issues considered

Whether the legal representatives of a deceased appellant may be brought on record after the appellant's death if the application is filed within the limitation period.

Subjects

legal representatives
death of party
limitation period
appeal amendment
procedural law

Judgment

                                    MCA 207 of 2026



              FARAD CONTINUATION SHEET
         IN THE HIGH COURT OF BOMBAY AT GOA
                    APPELLATE SIDE
         MISC.CIVIL APPLICATION NO.207 OF 2026
                        WITH
             MISC.CIVIL APPLICATION NO.207 OF 2026
BETU CUSTA VELIP (SINCE DECEASED)
THR LR'S AND 15 ORS                                       ... APPLICANTS

VS

ANTONIO DIAS E PINTO (SINCE
DECEASED) THR LR'S AND 4 ORS                              ... RESPONDENTS



Adv. Divya Dhondu Parab present for Applicants.

                           REGISTRAR'S ORDER


  Adv. Divya Dhondu Parab present for Applicants. None present for

Respondents. This Application is for bringing Legal Representatives of

the deceased Appellant No. 2(a) on record. Appellant No. 2 (a) expired on

01/01/2026 and the application to bring his Legal Representatives on

record came to be filed on 17/03/2026 i.e. within the period of limitation.



     The death certificate of the deceased is placed on record. The wife of

the deceased Appellant No. 2 (a) is already on record. This Application is

supported by affidavit. The Legal heirs listed in paragraph 4 of the

application shall be brought on record.




                                          Page 1 of 2
                                       30th April, 2026
                                   MCA 207 of 2026




                            ORDER

'Application is allowed. The Legal Representatives of the deceased

Appellant No. 2(a) to be brought on record as Appellant No. 2(a) (I) and 2

(a) (viii) respectively. Appeal Memo to be ammended within 7 days from

the date of this Order.'




Dated: 30th April, 2026                                  ( Irshad Agha )
                                                        (Registrar Judicial)
sv*




                                       Page 2 of 2
                                     30th April, 2026

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