1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTON CIVIL APPLICATION NO. 163 OF 2010 IN FIRST APPEAL NO. 36 OF 2001 V. Subramaniam ... Applicant v/s Rajesh R. Rao ... Respondent And Premavath Subramaniam & ors. ... Applicants Mr.S.V.Pitre i/by Mr.M.P.Tekavade for the applicant. Mr.M.V.Holmagi for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD APRIL, 2010 P.C.: 1. The civil application has been filed for bringing on record the legal heirs of the appellant who has expired on 16.11.2009. The civil application has been filed within time. 2. The civil application is opposed on behalf of the respondent contending that since the appellant claims to be the partner in the partnership firm, his heirs are not entitled 2 to be brought on record. Apart from this, it is submitted that the respondent has denied that the appellant was a partner of M/s.S.Rajesh & Associates and, therefore, the question of bringing the legal heirs of the appellant on record does not arise. 3. The civil application must be allowed. Although there is a dispute as to whether the appellant was a partner, the heirs would certainly have a right to agitate their rights as heirs, in case it is found that the appellant was a partner. 4. Hence, the civil application is allowed. 5. The amendment to be carried out within two weeks from today. ..... 3