Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Clestino Raymond Saldanha – Appellant
Versus
Chinamma Francis Kurian – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. These petitions are filed challenging orders dated 27 October 2021 passed by Small Causes Court at Mumbai, allowing applications taken out by Respondent No.1 for bringing her name on record as legal representative of the original Plaintiff. Petitioner is original Defendant No.3 in R.A.E. Suit No.156/363 of 2008 and the sole Defendant in R.A.E. & R. Suit No. 334/705 of 1999.
2. The Petitioner is aggrieved by the impugned orders dated 27 October 2021 to the limited extent where only Respondent No.1 has brought herself on record as legal heir of the deceased Plaintiff, when in fact in accordance with the pursis filed by the Advocate of the Plaintiff, there are 7 other legal heirs of the deceased Plaintiff. Petitioner insists that the Respondent No.1 cannot alone prosecute the suit in absence of the other 7 legal heirs of the deceased Plaintiff and to this limited extent, orders dated 27 October 2021 allowing the applications filed by Respondent No.1 for bringing her on record as legal representative of deceased Plaintiff are challenged. The impugned orders of Small Causes Court have been unsuccessfully tested by the Petitioner by filing revision applic
One legal heir can represent the estate in Rent Act suits without needing all heirs to be added, provided there is no fraud or collusion.
Tenant - Revision-applicant who is claiming to be joint tenant of property being son of late original tenant who according to revision-applicant was original tenant of premises in dispute, is neither....
Suit does not abate upon death of one plaintiff if the right to sue survives; legal representatives need not be substituted if the cause of action continues.
The main legal point established in the judgment is the principle of abatement under Order 22 Rule 4 of the Civil Procedure Code, leading to inconsistent and inexecutable decrees when legal heirs of ....
Point of Law : Code of Civil Procedure enjoins various provisions only for the purpose of avoiding multiplicity of proceedings and for adjudicating of related disputes in the same proceedings, the pa....
Eviction suits are maintainable without all legal heirs of a deceased tenant if at least one joint tenant is sued, upholding joint tenancy principles.
Rejection by the High Court of the applications to set aside abatement, condonation and brining on record the legal representatives does not appear, on the peculiar nature of the case, to be a just o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
