The High Court of Judicature at Bombay, in a testamentary petition, granted a notice of motion seeking recall of a rejection order due to procedural objections despite filing delay, condoning the delay and restoring the petition to file for a final decision.
The order of rejection dated 5 September 2012 set aside; petition restored to file.
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.
nmt 57-2016.doc
sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION
NOTICE OF MOTION NO. 57 OF 2016 IN
TESTAMENTARY PETITION NO. 1143 OF 2010
Bharatlal Mohanlal Bhatia ...Deceased Miss Chanda Mohanlal Bhatia ...Petitioner
Mr.Ashutosh Shukla for Applicant/Petitioner.
CORAM : S.C. GUPTE, J.
DATE : 3 NOVEMBER 2017
P.C. :
The notice of motion seeks recall of a rejection order passed on account of non-removal of office objections and restoration of the petition. There is a delay in taking out the present notice of motion. The delay has been explained in paragraphs 2 and 3 of the affidavit in support of the notice of motion.
2 Learned Counsel for the Petitioner submits that all office objections have now been removed, though there is a delay in the compliance.
3 For the reasons stated, the delay is condoned and the order of rejection dated 5 September 2012 is recalled and set aside and the testamentary petition is restored to file. The notice of motion is disposed of accordingly.
(S.C. GUPTE, J.)
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2 issues framed by the court
Whether the delay in filing a notice of motion for recall of rejection order of a testamentary petition should be condoned?
Whether the rejection order of N.O.M. on account of non-removal of objections should be recalled and the petition restored?
Bharatlal Mohanlal Bhatia
Miss Chanda Mohanlal Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
