The court emphasized that delay in bringing legal heirs on record can be condoned if satisfactorily explained, promoting substantial justice over procedural rigidity.

JUDGMENT

1. Heard Mr. Vashi, learned Senior Advocate for Applicants in Interim Applications and for Plaintiff in Suit; Mr. Madon, learned Senior Advocate for Respondent Nos. 1(a) to 1(c) in IA/589/2019 and for proposed Defendant No. 29 in IA/2761/2022 and Ms. Bhiungade, learned Advocate for proposed Defendant Nos.11(a) to 11(d), 14(a) to 14(f) and 22(a) to 22(b).

2. Interim Application No. 589 of 2019 and Interim Application (L) No. 36100 of 2022 are decided by this judgement. Original Suit is Suit No. 175 of 2013. Both Interim Applications are filed in the said Suit proceedings.

3. Interim Application No. 589 of 2019 is filed by the original Plaintiff Atlanta Ltd for amendment to the original Suit proceedings and deletion of the name of the Defendant Nos. 1, 11, 14 and 22 on account of their demise in the interregnum and to bring their legal heirs and legal representatives on record of the suit proceedings. This Interim Application is strongly opposed to on various grounds, which shall be adverted to later, by the proposed legal heirs of original Defendant No. 1 viz. proposed Defendant No. 1(a), 1(b) and 1(c). They are represented by Mr. Madon, learned Senior Advocate. In so far as the proposed legal heirs of original Defendant No. 11, 14 and 22 are concerned, there is no opposition.

In addition to the above, one consequential amendment is sought for by the original Plaintiff to add the word 'Original' before Defendant Nos. 1, 11, 14 and 22 wherever it occurs in the plaint.

4. Interim Application (L) No. 36100 of 2022 is filed by the original Plaintiff for the following reliefs:-

'a. That the order dated 31.03.2015 (Exhibit 'B') passed by the Prothonotary & Senior Master, dismissing the Chamber Summons to bring the names of the Respondent Nos. 1 and 2 on record in place of deceased Defendant No. 1 be set aside and the said Chamber Summons (L) No. 1987/2014 be restored to file and the same be allowed.

b. That if this Hon'ble Court comes to a conclusion that there is a delay on the part of the Applicant in applying for setting aside the order dated 31.03.2015 passed by the Prothonotary & Senior Master, the same be condoned and the present Interim Application be considered on merits.

c. That in case this Hon'ble Court is not inclined to set aside the order dated 31.03.2015 passed by the Ld. Prothonotary & Senior Master, the abatement of the suit qua the deceased Defendant No. 1 be set aside and Applicant / Plaintiff be allowed to amend the suit as per schedule annexed to Interim Application No. 589 of 2019.'

4.1. Prayer clause (c) herein above seeks to set aside abatement of the Suit.

5. There is one more Interim Application which I need to mention which is Interim Application No. 2761 of 2022 filed by the original Plaintiff seeking to implead proposed Defendant No. 29 to the Suit proceedings due to subsequent development. This is so because, proposed Respondent No. 1(a) has already created third party rights in the suit property after demise of original Defendant No. 1 in favour of proposed Defendant No. 29. That Interim Application however shall be heard and decided on the next date.

6. Certain dates and events are necessary to be stated in order to consider adjudication of the reliefs prayed for in the aforementioned two Interim Applications due to stiff opposition. They become all the more necessary in view of the vehement objection raised by the proposed Defendant Nos. 1(a) 1(b) and 1(c) i.e. the legal heirs of deceased Defendant No. 1 on various grounds.

7. The Suit as can be seen is filed in the year 2013. Defendant No. 1 i.e. Mr. Anil Agarwal expired on 01.05.2014 after the institution of the Suit. Sometime in December 2014 Chamber Summons (L) No. 1987 of 2014 was filed by the Plaintiff to implead and bring on record the legal heirs of Defendant No. 1. On 31.03.2015 the Prothonotary and Senior Master, High Court, Bombay by order directed the Applicant / Plaintiff and / or his Advocate to remove the office objections in the said Cham