Disposed
Rajesh Darshanlal Bindra v. Jasvinder C Singh and 2 Ors.
Bombay HCCST/86/2015
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23-CST-86-15-TP-613-13.DOC
Sharayu.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 86 OF 2015
IN
TESTAMENTARY PETITION NO. 613 OF 2013
Jasvinder C Singh & Ors.…Applicant
In the matter between
Rajesh Darshanlal Bindra...Petitioner
Versus
Jasvinder C Singh & Ors....Respondents
Mr. Prasad Pathare, i/b Brijesh R. Patil, for the Petitioner.
Mr. Pratap Singh, for the Defendants.
CORAM: G.S. PATEL, J DATED: 26th August 2015
PC:-
1. Heard. Affidavit in Reply taken on record.
2.For the reasons set out in the Affidavit in Support and in
particular in paragraph 17 of that Affidavit and to which there is no
effective reply, the Chamber Summons is made absolute in terms of
prayer clause (a). The delay is condoned.
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23-CST-86-15-TP-613-13.DOC
3.The principal reason for allowing this Chamber Summons is
that the Applicants claim that they had not the financial means to
pursue their cause earlier. I see no reason to further disadvantage
them. That is a sufficient ground for allowing the Chamber
Summons. However, the Applicants must be put to some terms, as
follows:-
(a) That the Caveat and Affidavit in Support will be filed and served no later than 4th September 2015.(b) There will be no extension of time under any circumstances whatsoever.4.Upon the Caveat and Affidavit in Support being filed, the
Petition to be immediately renumbered as a Suit and to be listed on
8th September 2015 high on board for framing issues.
5.It is clarified that if Caveat and Affidavit in Support are not
filed by 4th September 2015, the Registry will not accept any
Caveat and Affidavit in Support thereafter and no further
application for leave or condonation on the part of the Applicants
will then be entertained. In default, the Petition is to proceed as an
uncontested Petition for grant of Probate.
6. Chamber Summons is disposed of in these terms with no order as to costs.
(G. S. PATEL, J.)
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Jasvinder C Singh
Rajesh Darshanlal Bindra
Jasvinder C Singh
G. S. PATEL
As recorded by the court registry
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