The High Court dismissed a Chamber Summons seeking dismissal of a caveat filed by the defendant in a succession dispute. The Court held that the caveat could not be dismissed prematurely as allegations regarding the fabrication of the will raised a substantial issue requiring trial.
Chamber Summons for dismissal of the caveat dismissed; other contentions kept open.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION
CHAMBER SUMMONS NO. 11 OF 2009
IN
SUIT NO. 69 OF 2007 IN
PETITION NO. 434 OF 2007
Ajit Singh. V/s.
... Plaintiff.
Jasmer Singh. ... Defendant.
Mr. Vatsal Shah i/b. Advani & Co. for the Plaintiff.
Mr. Abhileen Chaturvedi i/b. Paras Kuhad & Assoc. for the Defendant.
CORAM : S.C. DHARMADHIKARI,J.
DATED : 2nd DECEMBER 2009.
P.C. :-
This is a Chamber Summons by the Plaintiff principally for dismissal of the Caveat.
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Chamber Summons, additionally it is contended that in the Caveat and in the affidavit in support, it is elaborated as to how the Will is fabricated. There is no Will according to the Caveator/Defendant. The affidavit points out as to how the Will cannot be said to be genuine and valid.
(S.C. DHARMADHIKARI,J.)
1 issue framed by the court
Whether the Chamber Summons for dismissal of the caveat can be allowed at this stage given allegations of fabrication of the will?
Ajit Singh
Jasmer Singh
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
