This order dismissed an appeal against a Chamber Order in a testamentary suit, holding that the opposition by the defendants regarding the lack of produced Will and heirship documents was misconceived, and allowed the amendment of the petition as filed.
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.
25-CHOL213-18.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER ORDER NO. 213 OF 2018
IN
TESTAMENTARY SUIT NO. 61 OF 2017
IN
TESTAMENTARY PETITION NO. 98 OF 2016
Shalu Moti Bathija…Plaintiff
Versus
Mohan Thakurdas Bathija & Anr…Defendants
And
Malaika Vikram Hinduja...Applicant
Mr Ravish Mishra, i/b VB Dhingreja, for the Applicant.
CORAM: G.S. PATEL, J DATED: 11th July 2018
PC:-
1.Heard. The Plaintiff in this Petition for Letters of
Administration with Will annexed died. Her daughter seeks to
continue the Petition. This was opposed by the Caveator before the
Registry on thoroughly misconceived grounds. The first is that the
Applicant had not produced any Will of the Petitioner. That is
irrelevant. The second was that the Petitioner had not produced any
document showing that she was the heir of her own mother. There
is no substance to this opposition.
Page 1 of 2
11th July 2018
25-CHOL213-18.DOC
2. The Chamber Order is made absolute in terms of the Schedule annexed to the Chamber Order.
3. Amendment to be carried out within one week from today without need of reverification. A copy of the amended Petition will be served on the Advocate for the Defendants.
(G. S. PATEL, J)
Page 2 of 2
11th July 2018
3 issues framed by the court
Whether the appeal against the Chamber Order allowing the subrogation of the petitioner in the Letters of Administration petition should be dismissed.
Whether the opposition regarding the non-production of the Will and proof of heirship was valid.
Whether the amended petition stands allowed without further verification.
Shalu Moti Bathija
Mohan Thakurdas Bathija
Malaika Vikram Hinduja
G.S. PATTEL, J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court