CUSTODIAN OF BRANCHES OF BANCO NATIONAL ULTRAMARINO. versus NALINI BAI NAIQUE

Citation: [1989] 2 S.C.R. 810 · Decided: 28-04-1989 · Supreme Court of India · Bench: K.N. SINGH · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

A 
CUSTODIAN OF BRANCHES OF BANCO NATIONAL 
ULTRAMARINO. 
v. 
NALINI BAI NAIQUE 
APRIL 28, 1989 
B 
[K.N. SINGH AND K.N. SAIKIA, JJ.] 
Portugees Law of Inheritance in GoaJlolder of 'Meeira' rights 3 
Whether legal heir-Whether competent to be substituted as a party• 
under the Code of Civil Procedure. 
~ 
Code of Civil Procedure, Order XXII, Rule 4: Holder of 'Meeira' 
rights under the Portugees Law of Inheritance-Whether a 'legal 
representative'-Whether represents the entire estate-Other heirs not 
brought on record within time-Suit whether abates. 
I,) 
'Legal representative'-Connotation of-Code of Civil Proce-
E 
F 
G 
dure. 1908, 0. 22. R. 4. 
The appellant bank instituted a suit against respondent's husband 
for recovery of a large amount advanced as loan. The defendant con-
tested the suit, issues were framed and evidence was being recorded. 
He, however, died before the next hearing on 4th November, 1970 
when the court was informed by his pleader orally about .his demise. 
The appellant ou inquiry learnt on 7th November that the defendant 
had died on 4th August. The 8th November being Sunday, an applica-
tion under Order XXJI Rule 4 of CPC was filed on 9th November for 
bringing on record the widow as his legal representative. Another appli-
cation for condoning delay in making the application was also made. 
The appellant later made another application requesting to treat the 
latter application.as an application under Order XXII-Rule 9 for setting 
aside the abatement of the suit. These applications were contested by 
the respondent on the ground that the news regarding the death of her 
husband had been published in the local newspapers and the plaintiffs 
had knowledge of his death, and that the suit had abated as no applica-
tion for setting aside abatement had been filed within time. 
In the meanwhile, the appellant made another application for 
adding the names of four sons and two daughters of the deceased 
defendant on the ground that earlier it had no knowledge about that. 
H 
On behalf of the respondent, it was asserted that the application for 
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BANCO NATIONAL ULTRAMARINO v. N.B. NAIQUE 
811 
substitution was not maintainable as it was tiled beyond time, and in the 
· alternative she was not the legal heir of the deceased defendant but only 
his "Meeira" and as other legal heirs of the deceased defendant were 
not brought on record within time the application was not maintain-
able. 
The trial court found that the application under Order XXII Rule 
' was not barred by time since it had been tiled within four days of 
coming to know of defendant's death. It further held that since the 
widow, one of the legal representatives of the deceased-defendant, was 
brought on record within time the sons and daughters could also be 
impleaded as defendants along with her. It, therefore, set aside the 
abatement of the suit. 
The Judicial Comminioner, however, took the view 'that the 
widow was not a legal representative of the deceased as under the 
Portugees Law she had acquired Meeira rights and her status was not 
.that of 'Cabeca De Casal' (Head of the family and administrator) of the 
pther heirs of the deceased. Since all the heirs of the deceased defendant 
had not been brought on record alongwith the widow within time, the 
suit had abated as she alone could not represent the estate of the 
deceased defendant. 
Allowing the appeals, 
HELD: 1.1 The trial court committed no error in law in allowing 
the substitution application. [81SEF] 
1.2 A 'legal representative' as defined in Civil Procedure Code 
means a person who in law represents the estate of a deceased person, 
and includes any person who intermeddles with the estate of the de-
_J· ceased and where a party sues or is sued in representative character the 
person on whom the estate devolves on the death of the party so suing or 
sued. The definition i~ inclusive in character and its scope is wide, it is 
not confined to legal heirs only instead ii stipulates a person who may or 
may not be heir, competent to inherit the prop•rty of the deceased but 
he should represent the estate of the deceased person. It includes heirs 
as well as persons who represent the estate even without title either as 
executors or administrators in possession of the estate of the deceased. 
All such persons would be covered by the expression 'legal representa-
.tive'. If there are any heirs, those in possessi

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