This chamber summons petition sought condonation of a 306-day delay to amend the plaint to bring legal heirs of a deceased caveator and to set aside the abatement of the suit. The court granted the prayers.
Chamber summons is made absolute for condonation of delay, amendment of plaint, and setting aside abatement of suit.
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32-CST153.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T. & I. J.
CHAMBER SUMMONS NO. 153 OF 2012 IN TESTAMENTARY SUIT NO. 58 OF 2008
IN
PETITION NO. 956 OF 2007
Ms.Chandrakanta alias Bachuben Vadilal Shah ..... Deceased
Kirit Prabhudas Mehta & Anr. ..... Applicants THE MATTER BETWEEN Kirit Prabhudas Mehta & Anr. ..... Petitioners/ Plaintiffs VERSUS Bhupendra Muljibhai Shah ..... Caveator/Defendant AND Vibha Bhupendra Shah & Ors. ..... Respondents
Ms.Kavita Shah, i/b. Mr.A.G.Shah for the Applicants.
None for the Respondents.
CORAM : R.D. DHANUKA, J. DATED : 20th AUGUST, 2013
P.C.
Ms.Shah, learned counsel appearing for the petitioners submit that respondents are served. None appeared for the respondents though served.
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32-CST153.12
record. It is the case of the petitioners that the petitioners were not aware of the death of the sole caveator and had to take various steps to find out the legal heirs of the sole caveator under the provisions of Right to Information Act. My attention is also invited to the correspondence exchanged between the petitioners' advocate and advocate Ms.Neeta V.Parikh. By letter dated 23rd October, 2012 Ms.Neeta V.Parikh, advocate for the caveator informed the names of the legal heirs of the caveator to the petitioners' advocate. On receipt of such information, petitioners filed this Chamber Summons for amendment and for condonation of delay as well as for setting aside the abatement of suit if any.
[R.D. DHANUKA, J.]
2 issues framed by the court
Whether delay in taking out chamber summons to amend plaint and bring in legal heirs of caveator should be condoned.
Whether the abatement of the suit due to death of parties should be set aside.
Kirit Prabhudas Mehta & Anr.
Vibha Bhupendra Shah & Ors.
RD DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
