The High Court framed an additional issue as to whether the defendant proves the suit is barred by limitation. The notice of motion was made absolute.
Framing of additional issue as to whether the Suit is barred by Limitation. Notice of Motion made absolute.
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915-NMT-147-2015.DOC
JSN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO.147 OF 2015
IN
TESTAMENTARY SUIT NO.102 OF 2012
IN
TESTAMENTARY PETITION NO.726 OF 2012
Rameshchandra Jamnadas Dalal…Deceased
Varsha Bhardresh Joshi...Applicant
In the matter between
Suresh Manilal Mehta...Plaintiff
Versus
Varsha Bhardresh Joshi…Defendant
Mr. Satish Shah, i/b. M/s. Kanchan Pamnani for the Plaintiff.
Mr. Aloukik Pai, i/b. M/s. Thodur Law Associates for Defendant.
CORAM: G.S. PATEL, J DATED: 12th April 2016
PC:-
1.Mr. Pai for Defendant submits that an additional issue is
required to be framed as to whether the Petition is barred by
Limitation. Accordingly, the following additional issue is framed.
“c-1) Whether the Defendant proves that the Suit is barred by Limitation ?”
1 of 2
915-NMT-147-2015.DOC
2. Notice of Motion is made absolute in these terms. No costs.
(G. S. PATEL, J.)
2 of 2
1 issue framed by the court
Whether an additional issue should be framed to determine if the suit is barred by limitation.
Rameshchandra Jamnadas Dalal
Varsha Bhardresh Joshi
G.S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court