Lata Ramesh Ootam v. Jayantikumar Dwarkadas Jhaveri and Ors.
Case brief
What is this about?
Amendment of plaint; deletion of deceased defendant from array of parties; transposition of defendant as co-plaintiff; abatement set aside; condonation of delay; death of Defendant no. 8 as a bachelor; mother impleaded as Defendant no. 7; no objection by counsel for Defendant no. 9 (Nilesh Modi i/b Rustamji & Ginwala); other counsel: Raj Nagre i/b Jacinta D’Silva; B. N. Jadhav i/b Hemangi Modi; Schedule of Amendment Exhibit ‘C’; reverification dispensed; amendment deadline 30 April 2026; next date 8 June 2026; Bombay High Court; Testamentary Suit 29/1996; Suit 2004/1995; Chamber Summons (T) 35/2019; Chamber Summons 265/2019; IA 1563/2026; no statute or precedent cited.
What did the court decide?
Delay in filing Interim Application No. 1563 of 2026 condoned; abatement, if any, against Defendant no. 8 set aside; plaint to be amended per the Schedule of Amendment at Exhibit ‘C’ (deleting Defendant no. 8 and transposing Defendant no. 9 as Plaintiff no. 2) on or before 30 April 2026, with reverification dispensed with; matter posted to 8 June 2026.