The Court allowed an application to delete a deceased defendant from a summons in a testamentary suit for necessary consequential amendments, clarifying that the defendants' contentions remain open.
Deletion of the name of Defendant No. 1 and consequential amendments in the Chamber Summons.
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913-CST40-16.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 40 OF 2016
IN
TESTAMENTARY SUIT NO. 41 OF 2010
IN
TESTAMENTARY PETITION NO. 876 OF 2009
Curush Framroze Billimoria
Versus
...Plaintiff
Mrs. Freny Cawas Patel & Ms. Zoish Behram …Defendants
Patel
Mr. S.K. Jabbar, i/b Mr. Tanvir Shaikh for the Plaintiff.
Mr. Peerzade, i/b Mr. Munir Merchant, for the Defendants.
CORAM: G.S. PATEL, J DATED: 6th April 2016
PC:-
1.The Chamber Summons is for deletion of the name of
Defendant No. 1, who passed away on 16th March 2015 and for
consequential amendments.
2.The Chamber Summons is made absolute in terms of prayer
clause (a). Amendments to be carried out on or before 22nd April
2016. The amendments will need re-verification.
1 of 2
913-CST40-16.DOC
3. It is clarified that all the rights and contentions of the Defendants as to the contents and correctness of the statements sought to be added by the amendments are specifically kept open.
4. This order is without prejudice to the rights and contentions of the Defendants.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether to allow deletion of a deceased defendant from proceedings for consequential amendments.
1 provisions across 1 enactments
Curush Framroze Billimoria
Mrs. Freny Cawas Patel
Ms. Zoish Behram Patel
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court