Rui Francisco Rodrigues v. M/s Shivam Enterprises
Case brief
What is this about?
Condonation of delay; deletion of deceased defendant from array of parties; substitution of legal heirs of deceased defendant; Bombay High Court Testamentary and Intestate Jurisdiction; Suit No. 1947 of 1992 (Rui Francisco Rodrigues v. M/s. Shivam Enterprises & Ors.); Testamentary Suit No. 39 of 1989 (Xavier Almeida v. Rui Rodriques); Defendant no. 2(A) died 1 May 2020; Defendant no. 6 replaced by Proposed Defendants 6(A), 6(B), 6(C); 454-day delay condoned; amendments by 16 March 2026; re-verification dispensed with; no order as to costs; Farhan P. Dubash J.
What did the court decide?
Both interim applications in Suit No. 1947 of 1992 disposed of with no order as to costs: delay condoned in each; Defendant no. 2(A) permitted to be deleted from the array of parties and all interim applications; amendment permitted in terms of the Schedule annexed to Interim Application No. 5599 of 2025 to delete Defendant no. 6 and add Proposed Defendants no. 6(A), 6(B) and 6(C); amendments to be carried out on or before 16 March 2026; re-verification dispensed with.