Bombay High Court

MR AASHISH KUMAR FATENDRA NATH MISHRA AND ANR.versusMRS ANJANA PRABHAKAR SINGH AND ORS.

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The orders of the City Civil Court allowing and then dismissing the petitioners’ summons were quashed and the summons restored for fresh adjudication.

Summary

The petitioners, claiming to be executors of a will, challenged two orders dated 2 February 2026 of the City Civil Court which allowed them to implead the legal heirs of a deceased defendant and later dismissed their chamber summons. The lower court held that the petitioners could not represent the estate until probate was obtained, invoking Sections 211 and 213 of the Indian Succession Act. The High Court examined the interplay of these statutory provisions and found the lower court’s orders erroneous. Consequently, the High Court quashed and set aside both orders, restored the chamber summons to the trial court’s file, and directed a fresh hearing with an inquiry under Order XXII Rule 5 of the CPC. All parties’ contentions were left open for consideration by the City Civil Court.

Issues considered

Whether petitioners as purported executors can represent the estate of a deceased defendant before obtaining probate under Sections 211 and 213 of the Indian Succession Act.
Whether the City Civil Court erred in dismissing the petitioners’ chamber summons.

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXII Rule 5
Indian Succession Act — s. 211, 213

Subjects

probate
executor
estate representation
Indian Succession Act
Civil Procedure
chamber summons
quash order

Judgment

2026:BHC-AS:35976

                                                                           13 wp 7985 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.7985 OF 2026

            Aashish Kumar Fatendra Nath Mishra and Anr. ... Petitioners
                 versus
            Anjana Prabhakar Singh and Ors.             …   Respondents
                                             WITH
                               WRIT PETITION NO.7986 OF 2026

            Aashish Kumar Fatendra Nath Mishra and Anr.          ...   Petitioners
                 versus
            Anjana Prabhakar Singh and Ors.                      …     Respondents

            Mr. Yahya Ghoghari with Ms. Urusah M.I. i/by Dave and Co., for Petitioners.
            Mr. Krupali Rajani for Respondent No.1.
            Ms. Radhika Kulkarni with MR. Harshad Kshirsagar, Mr. Jitendra Kshirsagar,
            Mr. Kashish Kevlani i/by K and K Legal, for Respondent No.3.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      31 AUGUST 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      The challenge in these petitions is to the orders dated 2 February 2026

            passed by the learned Judge, City Civil Court, in Chamber Summons

            Nos.1348 of 2025 and 2711 of 2025, whereby the learned Judge, City Civil

            Court was persuaded to allow Chamber Summons No.1348 of 2025 and

            permitted the Applicants therein to implead the legal heirs of Defendant No.1

            who has passed away, to represent the estate of deceased Defendant No.1.

            By an order of even date in Chamber Summons No.2711 of 2025, the learned



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                                                            13 wp 7985 of 2026.doc

Judge, City Civil Curt, dismissed the Chamber Summons taken out by the

Petitioners, who claimed to be the executors of the Will executed by the

deceased Defendant No.1.

3.    The learned Judge, City Civil Court, was of the view that the Petitioners

– purported executors, cannot represent the estate of the deceased

Defendant No.1, until the Probate has been obtained.

4.    The inter-play between the provisions contained in Sections 211 and

213 of the Indian Succession Act, was required to be considered by the

learned Judge, City Civil Court. In any event, either the Petitioners or Ankit

Prabhakar Singh, Respondent No.2, can be permitted to represent the estate

of the deceased Defendant No.1.

5.    Therefore, with the consent of the learned Counsel for the parties, both

the orders dated 2 February 2026 passed in Chamber Summons Nos.1348 of

2025 and 2711 of 2025 stand quashed and set aside and the said Chamber

Summons stand restored to the file of the learned Judge, City Civil Court.

6.    The learned Judge, City Civil Court is requested to hear and decide

both the Chamber Summons and conduct an inquiry as envisaged by Order

XXII Rule 5 of the Code of Civil Procedure, 1908 and pass fresh orders in

accordance with law.

7.    All contentions of all the parties are kept open for consideration by the

learned Judge, City Civil Court.


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                                                                                     13 wp 7985 of 2026.doc

                      8.       Writ Petitions stand accordingly disposed.




                                                                            ( N.J.JAMADAR, J. )




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Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 02/09/2026 15:11:00

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