Arun Kumar Keyal and 2 Others v. Ajay Sohanlal Jhuria and 4 Others
Case brief
What is this about?
Bombay HC, Abhay Ahuja J, 26-03-2025; IA No. 610 of 2024 in Suit No. 686 of 2019 (Keyal v. Jhuria). Amendment of Plaint per Schedule-I, sought consequent to Calcutta HC probate of Will dated 21-02-2017 granted 10-05-2019 (unreversed), held formal and consequential to probate; Defendant No.1's objection based on IA No. 90 of 2025 (disclosure of schedule/inventory of assets of original Plaintiff No.3, Calcutta HC Probate Petition No. 452 of 2018, disposed, probate granted) held no bar; IA allowed in terms of prayers (i) and (ii); timelines: amendments 3 weeks, service 2 weeks, additional written statements 3 weeks; cross-the-bar address amendment carried out forthwith, re-verification dispensed with. No statutes or precedents cited; no monetary reliefs.
What did the court decide?
Amendment of the Plaint in terms of Schedule-I permitted with consequential changes (prayer clauses (i) and (ii)); draft amendment of the addresses of Plaintiff No.1 and the Respondent to be impleaded carried out forthwith with re-verification dispensed with; amendments to be carried out within three weeks; amended copy of the Plaint and proceedings to be served on the other side within two weeks thereafter; Defendants to file additional written statement(s) within three weeks after receipt; Interim Application allowed and disposed accordingly.