Raden Vanamali v. Elizabeth Shyama Da Fonseca

58-CST28-18+.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO. 28 OF 2018 IN TESTAMENTARY SUIT NO. 50 of 2017 IN TESTAMENTARY PETITION NO. 1638 OF 2016 AND CHAMBER SUMMONS (L) NO. 1 OF 2018 Raden Vanamali ...Plaintiff

Versus

Elizabeth Shyama Da Founseca ...Defendant Mr Amit Shrof, for the Plaintiff.

Mr Jennifer Michael, with Som Sinha, i/b Som Sinha, for the Defendant.

CORAM: G.S. PATEL, J DATED:

1st October 2018 PC:- 1.

Chamber Summons (L) No. 1 of 2018 is not on board. By consent, it is taken on board.

1st October 2018

58-CST28-18+.DOC 2.

At the request of Mr Shroff for the Plaintiff, the Chamber Summons is dismissed as withdrawn. All contentions are kept open to the final hearing of the Suit.

3.

Chamber Summons No. 28 of 2018, is filed by the Caveator/ Defendant, seeking leave to amend the Affidavit in Support of the Caveat or to file a further Affidavit in Support of the Caveat. The Affidavit is ready. What is proposed to be said in that Affidavit is in any case set out in the form of a schedule, although this was proposed as an amendment.

4.

I do not think that an amendment is an appropriate procedure. The proposed further Affidavit only amplifies or clarifies a ground summarily taken in the initial Affidavit. Certain additional facts are also sought to be included.

5.

I will permit the Additional Affidavit in Support of the Caveat to be filed in the Registry. This is to be done on or before 5th October 2018. A copy has been served on Mr Shroff, for the Plaintiff.

6.

Both Chamber Summonses are disposed of in these terms. No costs.

7.

List the Suit for framing issues on 31st October 2018. (G. S. PATEL, J) 1st October 2018