Bombay High Court
FELICIDADE RODRIGUES AND 10 ORS.,versusFRANCIS DCOSTA AND 11 ORS.,
- Disposal
- Allowed
Holding
The cause title shall be amended to show the appellant as deceased.
Summary
In a Miscellaneous Civil Application filed within a second appeal, the applicants sought to amend the cause title to indicate that Appellant No. 8 had died. The death certificate of Appellant No. 8 was placed on record. The Registrar considered whether the amendment was permissible under procedural rules. No substantive legal arguments or precedents were cited. The Registrar allowed the application, directing that the cause title be amended to read "Since Deceased" for Appellant No. 8. The amendment must be effected within 24 weeks of the order.
Issues considered
- Whether the cause title may be amended to reflect the death of an appellant
Subjects
- amendment of cause title
- death of party
- civil procedure
- miscellaneous civil application
Judgment
MCA 463 of 2026
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF BOMBAY AT GOA
APPELLATE SIDE
MISC.CIVIL APPLICATION NO.463 OF 2026
IN
SECOND APPEAL NO.60 OF 2014
FELICIDADE RODRIGUES AND 10 ORS., ... APPLICANTS
VS
FRANCIS DCOSTA AND 11 ORS., ... RESPONDENTS
Advocate present for the Applicant : Advocate S. Costa Martins, holding
for Advocate Annelise Fernandes
REGISTRAR'S ORDER
This MCA filed within Second Appeal is placed on Board for Orders. The
said Application seeks amendment of the Cause Title by adding the words
'Since Deceased' against the name of the Appellant No. 8.
Advocate S. Costa Martins is present for the Applicants/Appellants,
holding for Advocate Annelise Fernandes.
It is noted that the Appellant No. 8 has expired and the Death Certificate is
placed on record.
ORDER
'The MCA is allowed. The Appellant No. 8 shall be shown as deceased.
The necessary amendment to the Cause Title shall be carried out within 2
Page 1 of 2
24th September, 2026
MCA 463 of 2026
weeks from the date of this Order.'
Dated: 24th September, 2026 ( Irshad Agha )
(Registrar Judicial)
ADN*
Page 2 of 2
24th September, 2026
Checking your session…