The High Court held that a Notice of Motion seeking recall of a witness in a testamentary suit was infructuous due to the first plaintiff's death and the absence of a need for recall. The motion was dismissed.
Notice of Motion No. 154 of 2011 was dismissed with 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.
929-NMT154-11.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 154 OF 2011 IN
TESTAMENTARY SUIT NO. 15 OF 2004
Jaykant Mahendra Joshi & Anr.…Applicants
In the matter between
Umesh Pravin Joshi & Anr....Plaintiffs
Versus
Ghansyam K. Joshi & Ors.…Defendants
Mrs. S. I. Shah, i/b S. I. Shah & Co., for the Applicants.
Ms. Neeta Solanki, i/b Kiran Jain & Co., for the Defendant No. 1.
CORAM: G.S. PATEL, J DATED: 24th June 2016
PC:-
1.The Motion is infructuous. The 1st Plaintiff, Pravin K. Joshi,
has passed away. Mrs. Shah agrees that the prayer in Motion is
improperly worded. There is no question of ‘recalling’ any witness
since the Plaintiffs are yet to open their evidence and are yet to lead
the evidence of their first witness.
2.The Notice of Motion is dismissed. There will be no order as
to costs.
Page 1 of 2
24th June 2016
929-NMT154-11.DOC
3. The Plaintiffs have already filed their Affidavit of Documents. List this Suit for marking the Plaintiff’s documents on 5th July 2016 on the supplementary board.
(G. S. PATEL, J.)
Page 2 of 2
24th June 2016
2 issues framed by the court
Whether a Motion to set aside an order calling for recall of a witness was maintainable after the plaintiff's demise.
Whether the recall of a witness was necessary as the plaintiffs had not yet led their evidence.
G.S. PATTEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court