TMI Blog1989 (4) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... instituted a suit before the Civil Judge for recovery of an amount of ₹ 63,315 against Vi- naique Naique, advanced to him as loan by it. Vinaique Naique, the defendant contested the suit, issues were framed and evidence was being recorded. On 26.2. 1970 statement of PW-I was recorded and the case was adjourned to another date but on that date also the case was adjourned to 23.7.1970. The suit was again adjourned on 23.7. 1970 on the ground that the defendant Vinaique Naique was indisposed and was hospitalised. Thereafter, the suit was taken up for hearing on 4.11. 1970. On that date the defendant's pleader informed the Court orally that the defendant had died at Margaon but did not give any further details. The Custodian of the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant made another application for adding the names of six heirs four sons, one major son and three minor sons and two minor daughters of the deceased defendant Vinaique Naique on the ground that earlier the appellant had no knowledge about the sons and daughters of the deceased defendant. On behalf of Mrs. Nalini Bai it was vehemently asserted before the trial court that the application for substitution was not maintainable as it was filed beyond time, and in the alternative she was not the legal heir of the deceased defendant but she was only his 'Meeira' and as other legal heirs of the deceased defendant were not brought on record within time the appli- cation for bringing the sons and daughters on record was liable to be rejected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred this appeal after obtaining special leave. The learned Judicial Commissioner interfered with the order of the trial Judge on the sole ground that Mrs. Nalini Bai whose name was proposed to be brought on record was not legal representative of the deceased Vinaique Naique as under the Portugees Law she being the widow had acquired Meeira rights and her status was not that of Cabeca De Casal (Head of the family and administrator) of the other heirs of deceased Vinaique Naique. Since all the heirs of the deceased defendant had not been brought on record along with Mrs. Nalini Bai within time the suit abated as Mrs. Nalini Bai alone could not represent the estate of the deceased defendant. The learned Judicial Commissioner did not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Portugees Law of Inheritance which was applicable to Goa at the relevant time Mrs. Nalini Bai had acquired Meeira rights according to which she had acquired half share in the estate left by the deceased Vinaique Naique and the remaining half share was inherited by sons and daughters of the deceased who were subsequently brought on record. On the admitted facts Mrs. Nalini Bai therefore represented the estate of the deceased Vinaique Naique. Once the name of Mrs. Nalini Bai was brought on record within time and the application for setting aside abatement was allowed by the trial Judge, the suit could proceed on merits and the mere fact that the remaining legal representatives were brought on record at a subsequent stage could not render th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the deceased defendant. In N.K. Mohd. Sulaiman v. N.C. Mohd. Ismail, [1966] 1 SCR 937 this Court rejected the contention that in a suit to enforce a mortgage instituted after the death of a Muslim, if all the heirs of the deceased were not impleaded in the suit and a decree was obtained, and in execution the property was sold, the auc- tion purchaser could have title only to the extent of the interest of the heirs who were impleaded, and he could have no title to the interest of those heirs who had not been impleaded to the suit. The Court held, that those who were impleaded as party to the suit in place of the deceased defendant represented the entire estate as they had share in the property and since they had been brought on record t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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