Abdul Aziz Fazalbhoy Rajwani And ANR. v. Theresa Mary Almeida And 11 ORS And Amin Abdul Aziz Rajwani And 4 ORS (Applicant)

Atul/Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 741 OF 2018 IN CHAMBER SUMMONS NO. 1528 OF 2016 IN SUIT NO. 1714 OF 1985 WITH CHAMBER SUMMONS NO. 1528 OF 2016 IN SUIT NO. 1714 OF 1985 Abdul Aziz Fazalbhoy Rajwani & Anr ...Plaintiffs

Versus

Theresa Mary Almeida & Ors ...Defendants And Amin Abdul Aziz Rajwani & Ors ...Applicants Mr Pradeep Sancheti, Senior Advocate, with Farhan Dubash, Nikita Jacob, & SB Pawar, i/b SK Legal Associates, for the Applicants in both the CHSs.

Mr Cyrus Ardeshir, with M Khan, I/b Shane Cardoz, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

PC:-

Chamber Summons No. 741 of 2018:

1.

For the reasons set out in the Affidavit in Support and in view of the order dated 19th June 2018, this Chamber Summons is made absolute in terms of prayer clauses (a) and (b). 2.

Amendment to be carried out forthwith in Court without need of reverification.

Chamber Summons No. 1528 of 2016:

3.

The Chamber Summons has been amended by a separate order made this morning on Chamber Summons No. 741 of 2018. The Applicants to the present Chamber Summons No. 1528 of 2016 will be joined as party Defendants from Defendant No. 13 onwards. 4.

It is perhaps only necessary to clarify these Applicants are the heirs of one of the previous Plaintiffs. They are, therefore, joined as formal Defendants with no relief sought against them. Mr Ardeshir on instructions confirms that no amendment is proposed to the plaint to seek reliefs against the newly added Defendants. Consequently, at the time of trial, when the sole continuing Plaintiff leads evidence, it will only be necessary to ensure that since the newly added Defendants have an interest in common with the Plaintiff, it is those newly added Defendants who must crossexamine that witness first, (should they have any legitimate questions in cross-examination), i.e. before any of the other Defendants.

5.

The Chamber Summons No. 1528 of 2016 is disposed of accordingly.

6.

Amendment to the cause title of the plaint to be carried out within a period of one week from today. A copy of the amended cause title will be served on the advocates for all the other Defendants.

(G. S. PATEL, J)