High Court at Bombay granted an order recording evidence on commission in a testamentary petition. A Commissioner was appointed to examine witnesses regarding claims in the suit.
Notice of Motion made absolute; evidence recorded on commission by appointed Commissioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO.95 OF 2008
IN
NOTICE OF MOTION NO.32 OF 2008
IN
SUIT NO.87 OF 2000
IN
TESTAMENTARY PETITION NO.312 OF 2000
Jehangir A. Rabadi & Anr.....Plaintiffs
V/s.
Ms.Tehmi N. Mukadum....Defendant
Ms.Geeta Mulekar for the Plaintiffs.
None for the Defendant.
CORAM : S.J. VAZIFDAR, J.
DATED : 5TH SEPTEMBER, 2008.
P.C.:
1.For the reasons stated in the affidavit in
support of the Notice of Motion, the Notice of Motion
is made absolute in terms of prayer (a).
2.The evidence shall be recorded on commission.
Ms.S.M. Dandekar, an advocate of this Court is
appointed as a Commissioner for recording evidence.
The parties are at liberty to cross-examine the
witnesses without prejudice to their objections, if
any. If the objections are raised, the parties will
be at liberty to lead further evidence.
: 2 :
3.The costs of the Commissioner shall in the
first instance be paid equally by the parties but
subject to the orders at the hearing of the suit.
4.For convenience and for the purpose of
examining and cross-examining the witnesses, the
parties shall be entitled to refer to a xerox copy of
the original Will which is presently in the custody of
the Court duly authenticated by an officer from the
Testamentary Department of this Court. In the event
of the parties requiring the original Will for any
reason, they are at liberty to apply to the Court. It
is clarified that the appointment of the Commissioner
shall be for all the claims in the proceedings.
Jehangir A. Rabadi
Ms. Tehmi N. Mukadum
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court