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BOMBAY HIGH COURT
Sandeep K. Shinde, J
Smt. Anita Anant Patil – Appellant
Versus
Smt. Malini Anant Patil – Respondent
| Table of Content |
|---|
| 1. application for substitution due to appellant's death. (Para 1 , 2) |
| 2. right to sue is personal and does not survive. (Para 3 , 4 , 8 , 9) |
| 3. court's dismissal of the application. (Para 5 , 6 , 10) |
1. Pending appeal, the sole appellant died on 9th July, 2017. An application was filed to bring the legal representatives of the appellant on record. This application is opposed by the respondents.
2. The question is, Whether, after the death of the appellant, Anita Anant Patil, the right to sue survives or not ?
3. In terms of the provisions of Order 22 Rule 3 Civil Procedure Code, where one of two or more plaintiffs dies and the right to sue survives, the Court on an application made in that behalf shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit (emphasis supplied).
4. In this case, deceased Anita (the appellant) and Malini (respondent no.1) had filed Civil Miscellaneous Applications No. 19 of 2008 and 20 of 2008 for Heirship Certificate under Section 2 of the Bombay Regulation Act 8 of 1827. These two applications were filed against each other claiming that both the applicants are the legally
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