The Bombay High Court (Testamentary Jurisdiction) dismissed a testamentary suit and petition for non-prosecution after the plaintiff remained absent from the listing.
Dismissal of the Testamentary Suit No. 37 of 1986 and Testamentary Petition No. 165 of 1986.
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.
909-TS37-86.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY SUIT NO. 37 OF 1986
IN
TESTAMENTARY PETITION NO. 165 OF 1986
Sureshchandra Ohanlal Vora…Plaintiff
Versus
S.M. Vora…Defendant
None for the Plaintiff.
Mr. Vijay Vora, Son of Mr. S.M. Vora, Defendant, in person.
CORAM: G.S. PATEL, J DATED: 30th November 2016
PC:-
1.On 28th November 2016 the Plaintiff and his Advocate were
absent. The Defendant was present in person. He said that since
26th September 2016, when I extended time to complete the cross-
examination on commission, till 18th November 2016, there was no
progress in the matter. Not a single session had been held before the
Commissioner. Therefore, I directed this matter to be placed today,
and said that if the Plaintiff was absent or unrepresented, I would
close his case and might even dismiss the Suit.
Page 1 of 2
30th November 2016
909-TS37-86.DOC
2. The matter is listed today for dismissal. The name of the Plaintiff and his Advocate are correctly shown on board and are called out. None appears.
3.The Testamentary Suit and the Testamentary Petition are
dismissed for non-prosecution with costs.
(G. S. PATEL, J.)
Page 2 of 2
30th November 2016
1 issue framed by the court
Whether the testamentary suit and petition should be dismissed for want of prosecution due to the petitioner's absence.
Sureshchandra Ohanlal Vora
S.M. Vora
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court