Surekha W/O Narendra Makde And Others v. Murlidhar Chintaman Makde And Others

10.sa.295.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1014 OF 2025 IN SECOND APPEAL NO.295 OF 2024 Smt. Surekha W/o Narendra Makde and others .Vs. Murlidhar Chintaman Makde and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.R. Sambray, Advocate for applicants.

Mr. N.V. Fulzele, Advocate for non-applicant Nos.1 to 4. CORAM : ROHIT W. JOSHI, J.

DATE : 13/02/2026 1.

This is an application filed under Order 1 Rule 10 of the Code of Civil Procedure, seeking addition of one Mrs. Ranjana W/o Jayendra Barde on record as defendant No.6 and respondent No.6 in the present Second Appeal. The proposed respondent No.6 is daughter of respondent No.1.

2.

An objection is raised by the learned Advocate for the respondent Nos.1 to 4 that, at this stage, name of proposed respondent No.6 cannot be added as party, since objection with respect to her non-joinder was raised in the written statement itself. However, the fact that the proposed respondent is daughter of respondent No.1 and sister of respondent Nos.2 to 4 is not disputed.

3.

In view of the above, application for addition of party is allowed. Necessary amendment be carried out on or before 24.02.2026.

10.sa.295.2024.odt 4.

The objection raised by the learned Advocate for the non-applicant Nos. 1 to 4 that the addition will not relate back to the date of institution of the suit, and that the addition is to be considered as on the date of filing of the application, i.e., 23.09.2025, or its registration on 08.10.2025, is kept open to be argued at the stage of admission/final hearing.

5.

Issue notice to the respondent No.6 on the substantial question of law framed vide order dated 06.05.2025, returnable on 30.03.2026.

(ROHIT W. JOSHI, J.) C.L. Dhakate