Bombay High Court

THE EXECUTIVE ENGINEER, W. D. XXV (ROADS), THR. MAHANAND S. SHET,versusFRANCISCO ANTONIO RODRIGUES

Disposal: Allowed

Holding

The court held that the 379‑day delay is condoned, allowing the amendment of the cause title to include the legal representatives.

Summary

The Executive Engineer, W.D. XXV (Roads) applied to the High Court of Bombay at Goa seeking condonation of a 379‑day delay in bringing the legal representatives of the deceased respondent, Francisco Antonio Rodrigues, on record. The court noted that the applicant learned of the respondent's death from the respondent's counsel and filed the condonation application within 90 days of that knowledge. Considering these circumstances, the court condoned the delay and ordered that the cause title be amended to include the names of the legal representatives. The respondent's counsel, Mr. Deepak Gaonkar, was directed to file a vakalatnama on behalf of the legal representatives within six weeks. The application was consequently disposed of in the applicant's favour.

Issues considered

Whether a delay of 379 days in bringing the legal representatives of a deceased party on record can be condoned.

Subjects

condonation of delay
legal representatives
amendment of cause title
procedural law
high court

Judgment

                               26 MCA 377 2026

     Sonam

             IN THE HIGH COURT OF BOMBAY AT GOA
               MISC.CIVIL APPLICATION NO.377 OF 2026
                                IN
                    FIRST APPEAL NO.27 OF 2020
THE EXECUTIVE ENGINEER, W. D. XXV
(ROADS), THR. MAHANAND S. SHET,                       ... APPLICANT
  Versus
FRANCISCO ANTONIO RODRIGUES                           ... RESPONDENT


Ms. Sulekha Kamat, Additional Government Advocate for the
Applicant.

Mr. Deepak Gaonkar, Advocate for the Respondent.


                    CORAM:- VALMIKI MENEZES, J.
                    DATED :- 3rd September, 2026

P.C.:


1.      This is an application for condoning 379 days of delay in
bringing the Legal Representatives of the sole Respondent on
record. The knowledge of the death of the Respondent was
attributed on the information given by the Advocate for the
Respondent, and the application has been filed within 90 days of
this information. Considering this fact, the delay of 379 days in
bringing the Legal Representatives of the Respondent is condoned,
and the application is allowed. The cause title shall be amended to
incorporate the names of the Legal Representatives of the
Respondent. The amendment to be carried out within a week from


                                   Page 1 of 2
                                3rd September, 2026
                               26 MCA 377 2026


today.


2.   Mr. Gaonkar, learned Advocate appearing for the Respondent,
submits that he will file Vakalatnama on behalf of the Legal
Representatives of the Respondent within six weeks from today.


3.   The application stands disposed of.



                                           VALMIKI MENEZES, J.




                                   Page 2 of 2
                                3rd September, 2026

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