Sayed Mahboob Ahmed Sayed Anwarullah v. Asad Mohiyoddin Gulam Mahmood Siddiqi and Others
Civil Procedure – Addition of defendant
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (neutral citation 2026:BHC-AUG:8914), Siddheshwar S. Thombre, J., 24 February 2026, in Writ Petition No. 1433 of 2017 — Sayed Mahboob Ahmed Sayed Anwarullah v. Asad Mohiyoddin Gulam Mahmood Siddiqi and Others — decided along with Civil Application Nos. 14319 and 14320 of 2025. The petition challenged interlocutory orders of the Joint Civil Judge, Junior Division, Ambejogai in R.C.S. No.29 of 2003: the order dated 03.12.2016 below Exhibit-262 (allowing addition of the Petitioner as Defendant No.11 but barring his written statement) and the order dated 02.01.2017 below Exhibit-279 (rejecting recall). Held that a defendant added pursuant to an earlier order (below Exhibit-80, dated 24.07.2009) cannot be denied the right to file a written statement where the omission was not his fault; such denial is hyper-technical and causes failure of justice. Petition allowed; restrictive portions of both orders set aside; written statement to be taken on record; no statute or precedent cited; no quantum involved.