Bombay High Court

ANNETTE BLUNT FINCH AND 3 ORS.,versusSQN. LDN. A. P. FERNANDES (DECEASED THR. LRS.) AND 17 ORS.,

Disposal: Disposed of

Holding

The court allowed the amendment to implead the legal representatives of the deceased respondent and waived service of process.

Summary

The applicants, Annette Blunt Finch and others, filed a miscellaneous civil application seeking to implead the legal representatives of a deceased respondent (Respondent No.18) in the appeal. The respondents, represented by Mr. Ryan Menezes and Ms. S. Alvares, sought permission for the wife and children of the deceased to be added as parties and for service to be waived. The court examined whether the legal representatives could be properly impleaded and whether a waiver of service was permissible under procedural rules. Finding no objection from the applicants' counsel, the court allowed the amendment, ordering the legal representatives to be impleaded as Respondent Nos.18(a) to 18(f). Consequently, the application was disposed of, and the appeal proceeds with the newly added parties.

Issues considered

Whether the legal representatives of a deceased respondent can be impleaded in the appeal
Whether service of process can be waived for the newly added parties

Subjects

amendment of parties
impleader
waiver of service
civil procedure

Judgment

                            27-MCA-291-2026.DOC




Suchitra

            IN THE HIGH COURT OF BOMBAY AT GOA

                MISC. CIVIL APPLICATION NO.291/2026
                                 IN
                  APPEAL FROM ORDER NO.15/2019


 ANNETTE BLUNT FINCH AND 3 ORS.                   … APPLICANTS

       Versus

 SQN. LDN. A. P. FERNANDES (DECEASED
 THR LRS) AND 17 ORS.                             … RESPONDENTS

 Mr Savio Mesquita, Advocate for the Applicants.

 Mr Ryan Menezes and Ms S. Alvares, Advocates for Respondent
 Nos.17, 18.1 to 18.6.


                    CORAM:            VALMIKI MENEZES, J.

                    DATED:            14th AUGUST 2026

 P.C. :

1.         Mr Ryan Menezes states that he has instructions to appear
for all the legal representatives of Respondent No.18 i.e. to appear
for the wife/children/in-laws of deceased Respondent No.18
namely Anne Marquis, Andrea D’Costa, Jonsey D’Costa, Anthea
Vaz, Evan Vaz, Anauska Vaz and Shawn Vaz. Vakalatnama to that
efect has been iled. he wife of deceased Respondent No.18 -
Anne Marquis is Respondent No.17 in the Appeal. Mr Savio
Mesquita, learned counsel for the Applicants has no objection to
this position. Accordingly the application is allowed.




                                  Page 1 of 2
                               14th August 2026
                                                           27-MCA-291-2026.DOC




                                  2.    he legal representatives of the deceased Respondent No.18
                                  shall be impleaded as Respondent Nos.18(a) to 18(f ).
                                  Amendment to be carried out forthwith.           Mr Ryan Menezes
                                  waives service for all these legal representatives in the Appeal.


                                  3.    Misc. Civil Application No.291/2026 stands disposed of.


                                                                           VALMIKI MENEZES, J.




Signed by: SUCHITRA NANDAN                                        Page 2 of 2
SINGBAL                                                        14th August 2026
Designation: Personal Assistant
Date: 14/08/2026 15:46:41

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