Seema Ashok Chhabra v. Rajender Krishankumar Chhabra
Case brief
What is this about?
Testamentary suit; probate jurisdiction; caveat; caveator; amendment of plaint; condonation of delay; crave leave; Short Cause Suit No. 622 of 2020 Dindoshi Borivali City Civil Court; Indian Succession Act 1925; execution of will; fabricated will; last Will and Testament of Krishankumar Badridas Chhabra dated 24 November 2012; issues framed; affidavit of documents; statement of admission and denial; list of witnesses; affidavit in lieu of examination-in-chief; additional written statement; re-verification dispensed; High Court of Judicature at Bombay Testamentary and Intestate Jurisdiction; Interim Application (L) No. 1936 of 2025; Interim Application No. 824 of 2024; Interim Application (L) No. 6620 of 2025 (NOB); Testamentary Suit No. 55 of 2023; Seema Ashok Chhabra; Rajender Krishankumar Chhabr; Arif S. Doctor; 11 March 2025.
What did the court decide?
Both interim applications allowed: (1) IA (L) No. 1936 of 2025 allowed in terms of prayer clause (a), condoning the delay of 'about 1304' (unit not stated) in carrying out the amendment, with amendment to be carried out within two weeks, re-verification dispensed with, and Defendant at liberty to file an additional written statement within four weeks of service; (2) IA (L) No. 6620 of 2025 allowed, condoning delay in filing the Additional Affidavit in respect of the Caveat. Issues framed on the Will dated 24th November, 2012; compliance timetable fixed (Affidavits of Documents by 18th March 2025; Statement of Admission and Denial by 24th March 2025; witness list and affidavit in lieu of examination-in-chief with compilation by 28th March 2025); matter listed for 1st April, 2025.