Disposed

Duraiya Mansur Petiwala and Anr. v. Shabbir Hussain Taherbhai Petiwala and Ors. and Shama Z. Kachwala and Ors.

Bombay HC8 Aug 2005CHS/478/2005

Case brief

AI extract

What is this about?

In suit no. 803 of 2005, the Bombay High Court allowed a Chamber Summons under sections 151 CPC to be made absolute where two heirs of a deceased defendant were already on record, concluding that abatement did not arise, while directing amendment within three weeks.

What did the court decide?

Chamber Summons made absolute in terms of prayer clauses (a) and (b); amendment to be carried out within three weeks.

Duraiya Mansur Petiwala and Anr. Vs Shabbir… — Civil Procedure and Limitation | Bombay HC (2005)

¶1

		IN	THE ORDINARY	HIGH COURT OF JUDICATURE AT ORIGINAL CIVIL JU	BOMBAY RISDICTION
			CHAM	BER SUMMONS NO.478 OF IN SUIT NO.803 OF	2005 2003
Duraiya			Mansoor	Petiwala & A	nr....Plaintiffs
		Vs	.
Shabbir			Hussein	Taherbhai Petiwala & Ors	...Defendants
		An	d
Ms.			Shama	Z. Kachwala & Ors.....	.Respondents
Mr.B.Co	lab	awala	i/b.	Madewal & Co., for the	Plaintiffs
Mr.			Vivek	Sharma for Respondent	No.2.
Mr.	D.	H.	Mehta i/b.	M/s. Nitya Sunil & Co., for	Defendant
No.1				and	2.
Mr.			Vivek	Kantawala for Respondent	No.1.
				CORAM: A.M. KHANWILKAR,	J.
P.C.:				DATE : 8th August,	2005

¶2

1.	Hea	rd Coun	sel for t	he parties.	Peru	se	d the ple	adings.
As	it is	not	in	dispute	that		two	of the	heirs	of	deceased
defendant	No.3	are	al	ready	on		record	, namely	, def	endant	Nos.
1 a	nd 2,	in	my	opinion	, i	n	the	interest	of	justice,	this
Chamber	Summons	ought	to	be	al	lo	wed	in term	s of	prayer	clauses
(a)	and (b)	as	prayed.	I	t	is	righ	tly conten	ded on	behalf	of
the	plaintiffs	that	if	oth	er		heirs	and	legal	repre	sentatives
of	deceased	defe	ndant	are	alre	ad	y o	n record	the	question	of
abatement	does	not		arise.			In	the	circumst	ances	Chamber
Summons	made	abso	lute	in	terms		of	prayer	clauses	(a) an	d (b).

¶3

Amendment to be carried out within three weeks from today. No

¶4

order as to costs.

¶5

(A.M. KHANWILKAR, J.)

Duraiya Mansur Petiwala and Anr. v. Shabbir Hussain Taherbhai Petiwala and Ors. and Shama Z. Kachwala and Ors.

Case brief

What is this about?

What did the court decide?

Duraiya Mansur Petiwala and Anr. v. Shabbir Hussain Taherbhai Petiwala and Ors. and Shama Z. Kachwala and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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