Registrar allowed interim application to bring deceased respondent's legal heirs on record within limitation period under Appellate Side Rules, 1960. Notice issued to new respondents.
Application allowed; amendment directed within two weeks; notice issued to newly added respondents.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.285 OF 2023 IN
SECOND APPEAL NO.77 OF 2007
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearance, Court’s orders or directions and Registrar’s orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 11th January, 2023 None Present. This Interim Application is preferred by the Appellant to bring on record legal heirs of deceased Respondent No.1(C), who died on 16/11/2021. The office placed Interim Application before the Registrar (Judicial – II) with a note that, the same is filed within period of limitation (as per relief granted by Apex Court in Suo Motu Writ Petition (Civil) No.3 of 2020). Having considered the grounds coupled with the fact that, application is within limitation, the prayer is allowed by virtue of, the powers conferred upon the Registrar vide Chapter II Rule 3, sub rule (i) of the Bombay High Court Appellate Side Rules, 1960.
Advocate for the Applicant to carry out necessary amendment within 02 (two) weeks. Issue Notice to the newly added Respondents, returnable after 06 (six) weeks. sd/Registrar (Judl. - II) dsm
2 issues framed by the court
Whether the registrar has the power to bring legal heirs of a deceased respondent on record within the period of limitation.
Whether the interim application is allowably filed within the limitation period as per guidelines in Suo Motu Writ Petition (Civil) No.3 of 2020.
1 provisions across 1 enactments
Appellant
Respondent No.1(C)
S.R. AGRAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
