Single judge allowed plaintiffs to bring legal representative of deceased plaintiff on record and permit amendment of plaint reflecting death and adding legal heir.
Permission granted to amend cause title to add legal heir of deceased plaintiff No.2(c) and mark name as deceased.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
3_IA2378_23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2378 OF 2023
IN
SUIT NO.254 OF 2008
| Atul Prabhakar Korgaonkar | … Applicant / Plaintiff 1(a) |
|---|---|
| In the matter of: | |
| Sindhu P. Korgaonkar and others | … Plaintiffs |
| Vs. | |
| Vilas Gajanan Mhatre and others | … Defendants |
Mr. Rakesh Pandey i/b. Mr. Yogesh Palve for Applicant / Plaintiff 1(a). Ms. Vaishali Ugale i/b. Mr. V. Y. Sanglikar for Defendant Nos.2, 3, 4(a) to 4(c). Ms. Savina R. Crasto for Defendant Nos.6-8, 10(1), 10(b), 12(a) to 12(c), 13(a) to 13(c), 14, 15(b) to 15(d).
Mr. Tushar R. M. i/b. Mr. Vipinchandra Kasle for Defendant No.16(d).
CORAM : MANISH PITALE, J. DATE : SEPTEMBER 21, 2023
P.C. :
PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2023.09.2714:04:16+0530
By this application, the plaintiffs are seeking to bring on record legal representatives of plaintiff No.2(c), who expired on 02.05.2023. Copy of the death certificate is placed on record. It is stated in the application that plaintiff No.2(c) is survived by one legal heir, details of whom are given in Schedule A to the application. It is submitted that in that light, the application may be allowed and permission may be granted to amend the plaint to add the name of the legal heir of original plaintiff No.2(c) and to insert the words ‘since deceased’ after the name of the original plaintiff No.2(c).
1/2
3_IA2378_23.doc
(MANISH PITALE, J.)
Minal Parab
2/2
2 issues framed by the court
Whether an application to bring legal representatives on record after the death of a plaintiff should be allowed to ensure justice.
Whether amendment of plaint carried out by substitution of legal heir should be permitted.
1 provisions across 1 enactments
Atul Prabhakar Korgaonkar and others
Vilas Gajanan Mhatre and others
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
