Baldev Meherchand Gupta v. Ashok Gupta And Amar Brijkishore Gupta Applicant /Beneficiary

57-CST-27-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.27 OF 2016 IN TESTAMENTARY SUIT NO.24 OF 2015 IN TESTAMENTARY PETITION.296 OF 2013 Shri. Amar Brijkishore Gupta ...Applicant In the matter between Baldev Meherchand Gupta ...Plaintiff

Versus

Ashok Gupta & Anr.

...Defendants Ms. Geeta Sonawane, i/b Mr. Denzil D'Mello, for the Applicant.

Mr. A. Lal, with Mr. Sameer Singh, i/b Benny Joseph Law Offices, for the Defendants.

CORAM: G.S. PATEL, J DATED:

20th June 2016 PC:- 1.

The Chamber Summons seeks substitution of the Applicant, a beneficiary under the Will sought to be propounded, as a Plaintiff in place and stead of the original Petitioner one Baldev Meherchand Gupta who has since passed away. The second prayer is for leave to convert the Petition into one for Letters of Administration with Will annexed.

20th June 2016

57-CST-27-16.DOC 2.

There can be no conceivable objection to this since under the Will in question, the Applicant's name is clearly shown in Clause (2) as a beneficiary.

3.

The Chamber Summons is made absolute in terms of prayer clauses (a) and (b).

4.

Amendment to be carried out on or before 27th June 2016. Copy of the amended Petition is to be served on the Advocates for the Defendants.

(G. S. PATEL, J.) 20th June 2016