Janki Ramchand Ajoomal And 2 ORS (Applicants) v. Ramchand Naraindas(Mp) And Anil Jolly And 6 ORS(Res)

SWAROOP SHARAD PHADKE SWAROOP SHARAD PHADKE Date: 2023.01.05 15:09:57 +0530 21 ia 1976 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1976 OF 2022 IN SUIT NO.449 OF 1989 Janki Ramchand Ajoomal and Ors.

...

Applicants and Ramchand Naraindas ...

Plaintiff versus Anil Jolly and Ors.

...

Defendants Ms. Eventa A. Gonsalves with Mr. Reyden L. Gonsalves, Mr. Zhoaib Z. Sayyed, for Plaintiffs.

Mr. U.L.Shah for Defendant Nos.1, 5 and 7.

Ms. Deepali Bagla i/by Bagla and Asscociates, for Defendant Nos.3, 4 and 6.

CORAM:

N.J.JAMADAR, J.

DATE:

3 JANUARY 2023 P.C.:

1.

Heard the learned Counsel for the parties.

2.

This Application is filed to bring the Applicants on record as the legal representative of the Plaintiff - Ramchand Naraindas, who expired on 13 February 2022.

3.

An Affidavit in Reply is filed on behalf of Defendant Nos.1, 5 and 7 contending, inter alia, that the right to sue does not survive. 4.

Prima facie, it does not appear that the right to sue came to an end with the death of the Plaintiff. The trial in the suit is complete. Thus, question as to whether the right to sue survives or not can be legitimately considered at the time of SSP 1/2

21 ia 1976 of 2022.doc the final adjudication of the Suit.

5.

The Application is supported by a copy of the death certificate of the Plaintiff. It is filed within the stipulated period of limitation. 5.

The Application, thus, stands allowed in terms of prayer clauses (a) and (b).

6.

Necessary amendment be carried out in accordance with the Schedule appended to the Application within a period of two weeks. 7.

List the Suit for Directions as to final hearing on 2nd February, 2023. ( N.J.JAMADAR, J. ) SSP 2/2