Case Note & Summary
This is a procedural order passed by the Bombay High Court in a civil application filed in a pending writ petition. The applicant, Abdul Rashid Bhikan Tamboli, who was the original petitioner in Writ Petition No.6640 of 2015, sought to bring the legal heirs of the deceased respondent No.2 on record. The court heard the counsel for the applicant and the proposed legal representatives. Finding the averments in the application sufficient, the court allowed the application in terms of prayer clause (a), directed that amendment be carried out within two weeks from the date of uploading of the order, and listed the writ petition for fresh admission on 26.07.2017. The order was passed by a division bench comprising Justice A.S. Oka and Justice Smt. Vibha Kankanwadi on 16th June 2017.
Headnote
A) Civil Procedure - Substitution of Legal Representatives - Order XXII Rule 3 CPC - Application for bringing legal heirs of deceased respondent on record - Court allowed the application in terms of prayer clause (a) and granted two weeks for amendment - Held that the application was allowed based on averments made therein (Paras 2-3).
Issue of Consideration
Whether the application for bringing legal heirs of deceased respondent on record should be allowed.
Final Decision
Application allowed in terms of prayer clause (a). Amendment to be carried out within two weeks from date of uploading of order. Writ Petition to be placed on 26.07.2017 under caption 'Fresh Admission'.
Law Points
- Order XXII CPC
- substitution of legal representatives
- abatement
- limitation
Case Details
2017 LawText (BOM) (06) 37
Civil Application No.1519 of 2016 in Writ Petition No.6640 of 2015
A.S. Oka, Smt. Vibha Kankanwadi
Mr. Y.G. Thorat with Mr. Ashok B. Tajane for Applicant/Org.Petitioner, Mr. A. R. Shaikh for the proposed legal representatives of the respondent no.2
Abdul Rashid Bhikan Tamboli
Chief Officer Manmad Municipal Council & Ors.
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Nature of Litigation
Civil application for bringing legal heirs of deceased respondent on record in a pending writ petition.
Remedy Sought
Applicant sought to bring legal heirs of deceased respondent No.2 on record.
Filing Reason
Death of respondent No.2 during pendency of writ petition necessitated substitution of legal representatives.
Issues
Whether the application for bringing legal heirs of deceased respondent on record should be allowed.
Submissions/Arguments
Counsel for applicant argued in support of the application; counsel for proposed legal representatives appeared.
Ratio Decidendi
An application for substitution of legal heirs of a deceased party may be allowed if the averments made therein are sufficient and no objection is raised.
Judgment Excerpts
In view of averments made in the application, the same is allowed in terms of prayer clause (a).
Amendment be carried out within a period of two weeks from the date on which this order is uploaded.
Place Writ Petition on 26.07.2017 under the caption 'Fresh Admission'.
Procedural History
The original writ petition (Writ Petition No.6640 of 2015) was filed by Abdul Rashid Bhikan Tamboli against Chief Officer Manmad Municipal Council and others. During its pendency, respondent No.2 died. The applicant filed Civil Application No.1519 of 2016 to bring the legal heirs of deceased respondent No.2 on record. The application was heard and allowed on 16.06.2017.
Acts & Sections
- Code of Civil Procedure, 1908 (CPC): Order XXII Rule 3
