Disposed

Gujrat State Financeial Corporation v. Pratapsingh S.Vallabhdas and Ors. and Smt. Sridevi N. Ruparel

Bombay HC24 Sept 2004NMS/564/2004

Case brief

AI extract

What is this about?

Notice of motion to set aside an order adding the applicant as legal heir. Court held objection of suit abatement is for written statement. Order disposed with liberty to defendant to file written statement.

What did the court decide?

Notice of motion disposed of with liberty to defendant to file written statement and raise objection.

Gujrat State Financeial Corporation Vs… — Civil Procedure and Limitation | Bombay HC (2004)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 564 OF 2004

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IN

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CHAMBER SUMMONS NO. 550 OF 1993

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IN

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SUIT NO. 227 OF 1982

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 Gujarat State Financial

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 Corporation ..Plaintiff

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 versus

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 Pratapsidngh S. Vallabhdas & Ors. ..Defendants
 And

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 Smt. Sridevi N. Ruparel ..Applicant

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 Mr. Jaydeep Raut i/b. Ms. U. M. Jhaveri for the
 Plaintiff.

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 Mr. K. B. Irani i/b. Harish Joshi & Co.for the

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 Defendants.

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 CORAM : D. G. DESHPANDE,J.

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 DATE : 24TH SEPTEMBER, 2004.

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P.C. :

¶18

 . This notice of motion is taken out by the
 applicant Defendant No.2(a) to set aside and recall
 the order passed by me on 24.11.2003 in Chamber

¶19

 Summons No. 550 of 1993, the effect of which was to
 bring the defendant no. 2(a) - Applicant on record
 in the suit as legal heir of the deceased defendant
 No.2. Counsel for the defendant No.2 admits that
 Smt. Sridevi Narandas Ruparel is the legal heir of
 deceased defendant No.2. However, he contends that
 the suit has already abated before the chamber
 summons was taken out by the plaintiff. He also
 contends that false affidavit was filed by the
 plaintiff about service. The contention that the
 suit is abated can be taken by the applicant in the
 written statement because she is admittedly the
 legal heir of the deceased defendant No.2. Notice
 of motion is disposed of with liberty to the
 defendant No.2 to file written statement and raise

¶20

 that objection. Reply taken on record.

¶21

 *****

Gujrat State Financeial Corporation v. Pratapsingh S.Vallabhdas and Ors. and Smt. Sridevi N. Ruparel

Case brief

What is this about?

What did the court decide?

Gujrat State Financeial Corporation v. Pratapsingh S.Vallabhdas and Ors. and Smt. Sridevi N. Ruparel

Case brief

What is this about?

What did the court decide?

What the court decided

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