Samir Dmonte vs Saint Peters Church — Bombay HC (2026) — LawSathi Research

Samir Dmonte vs Saint Peters Church — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 3212 of 2026 allowed in terms of prayer Clauses (A) and (B) and disposed of: the evidence already led on the preliminary issue of limitation (PW-1's affidavit dated 26.06.2014 and cross-examination; documents marked in evidence by order dated 18.12.2014) and the evidence of DW-1 to DW-3 for Defendants No. 3 and 7 with documents marked by orders dated 18.12.2014, 19.11.2016 and 10.04.2017 are all to be considered along with the evidence on other issues at final disposal of the Suit; Plaintiffs permitted to file the affidavit in lieu of examination-in-chief of their second witness within one week; discovery and inspection within two weeks; statement of admission and denial within two weeks thereafter; listed for marking of Plaintiffs' second witness's documents on 29th July, 2026.

Issue for consideration

Whether the evidence already led by the Plaintiffs and the Defendants on the preliminary issue of limitation (including PW-1's affidavit in lieu of examination-in-chief dated 26.06.2014, his cross-examination, and the documents marked in evidence by order dated 18.12.2014) should be considered along with the evidence to be led on other issues in the Suit at the time of final disposal of the Suit itself. +1 more

Court's answer

Interim Application No. 3212 of 2026 is allowed in terms of prayer Clauses (A) and (B): the evidence already led by PW-1 (Darryl D'Monte), including his affidavit in lieu of examination-in-chief dated 26.06.2014 and his cross-examination, and the documents marked in evidence by the order dated 18.12.2014, are to be considered along with the evidence to be led on other issues in the Suit at the time of final disposal of the Suit itself.

Ratio / Principle

The affidavits in lieu of examination-in-chief and cross-examinations of Defendant No. 3's witness DW-1 (Norman D'Monte) and Defendant No. 7's witnesses DW-2 (Mahindra P. Rawl) and DW-3 (Sunil Jaisingh), and the documents marked in evidence by orders dated 18th December, 2014, 19th November, 2016 and 10th April, 2017, are to be considered along with the evidence to be led on other issues in the Suit at the time of final disposal of the Suit itself.

Key takeaways

Plaintiffs are permitted to file an affidavit in lieu of examination-in-chief of the Plaintiffs' second witness with a duly indexed and paginated compilation within one week; discovery and inspection to be completed within two weeks; statement of admission and denial to be filed within two weeks thereafter; the Suit is listed for marking of the Plaintiffs' second witness's documents on 29th July, 2026, with the second witness to remain present in Court.ratio¶30

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), 16th June 2026, Suit No. 2335 of 2012 (Darryl Dmonte v. Saint Peters Church and Ors.) with Interim Application No. 3212 of 2026: Interim Application allowed in terms of prayer Clauses (A) and (B) and disposed of — the evidence already led by the Plaintiffs and the Defendants on the preliminary issue of limitation, comprising PW-1 (Darryl D'Monte)'s affidavit in lieu of examination-in-chief dated 26.06.2014 and his cross-examination, and the documents marked in evidence by order dated 18.12.2014, together with the affidavits in lieu of examination-in-chief, cross-examinations and documents of Defendant No. 3's witness DW-1 (Norman D'Monte) and Defendant No. 7's witnesses DW-2 (Mahindra P. Rawl) and DW-3 (Sunil Jaisingh) marked by orders dated 18.12.2014, 19.11.2016 and 10.04.2017, are all to be considered along with the evidence to be led on other issues in the Suit at the time of final disposal of the Suit itself, in view of the decision dated 8th March, 2021 of this Court in Appeal No. 79 of 2020 in Notice of Motion No. 19 of 2020 and the Apex Court's decision in Nusli Neville Wadia v. Ivory Properties, (2020) 6 SCC 557. Plaintiffs permitted to file the affidavit in lieu of examination-in-chief of their second witness with indexed and paginated compilation within one week; discovery and inspection within two weeks; statement of admission and denial within two weeks thereafter; listed for marking of the second witness's documents on 29th July, 2026, the second witness to remain present in Court.