The High Court dismissed a Chamber Summons filed to amend a plaint for administration of an estate. The court held the motion was misconceived because a foreign decree designated the defendant as administrator, and the reliefs sought were identical to those in a separate revocation petition.
The Chamber Summons is dismissed. There will be no order as to costs.
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.
916.176-14-CHS-S-843-03.DOC
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS No. 176 OF 2014
SUIT NO. 843 OF 2003
Dr. Devika Damji Shah…Plaintiff
In the matter Between
Dr. Devika Damji Shah…Plaintiff
Versus
Rashmi Mukesh Shah & Ors.…Defendants
Ms. Priyanka Kothari,a/w Paresh More i/b M/s. Bilawala & Co., for
the Plaintiff.
Mr.Vipul Shukla, for the Defendant No. 1
Ms. Mili Thakkar, i/b Rajan Thakkar for Defendants No. 2.
CORAM: G.S. PATEL, J DATED: 10th February 2015
PC:-
1.The Chamber Summons is for amendment to the Plaint in
this Suit for administration. In my view, the Chamber Summons is
thoroughly misconceived. It appears that by an Order dated 16th
January 2007, a foreign court, viz., the Court of Cassation in Dubai,
has dealt with the Will dated 19th February 2002, held it to be
followed and subsisting, and appointed the 1st Defendant to
administer the estate of the deceased.
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916.176-14-CHS-S-843-03.DOC
2.It is this very estate of which administration is sought in the
present Suit. On the strength of the foreign decree or judgment,
Letters of Administration have been obtained by the 1st Defendant
in this Court. The present Plaintiff has already sought revocation of
the Letters of Administration, impeaching the Order of 16th
January 2007. If that be so, and this is an admitted position, the
present Chamber Summons, which seeks to all intents and
purposes to incorporate the revocation Petition in this
administration suit, is clearly not maintainable. The reliefs sought
in the Chamber Summons are incapable of being granted. They are
exactly the reliefs that are subject matter of the revocation Petition.
The Chamber Summons is dismissed. There will be no order as to
costs.
3. List the matter tomorrow i.e. 11th February 2015 for directions.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether a Chamber Summons seeking to incorporate a revocation petition into an administration suit is maintainable when Letters of Administration have already been granted based on a foreign decree.
G. S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court