Bhagvan Bhuramal Balani. v. Ratna G. Balani And ORS

931-NMT231-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 231 OF 2017 IN TESTAMENTARY SUIT NO. 24 OF 1989 IN TESTAMENTARY PETITION NO. 348 OF 1988 Bhagvan Bhuramal Balani ...Plaintiff

Versus

Ratna G Balani & Ors ...Defendants Mr Prabhu Velar, i/b Prabhu Velar & Associates, for the Plaintiff.

Mr RV Govilkar, with Shaba N Khan, for the Applicants.

CORAM: G.S. PATEL, J DATED:

1st March 2018 PC:- 1.

The Notice of Motion is misconceived and not maintainable. Prayer (b) is that Defendant No. 1(b) be permitted to adduce secondary evidence. That prayer is not pressed and correctly so. 2.

Prayer (a) is for leave to Defendant No. 1(b) to adduce additional evidence in regard to a receipt. It cannot be done at this stage because Defendant No. 1(b) is under cross-examination. If there is any other mode or manner known both to law and to Mr 1st March 2018

931-NMT231-17.DOC Govilkar in which this can be done, Mr Govilkar is at liberty to adopt those steps.

3.

The Motion is disposed of in these terms.

4.

Time to complete the cross-examination is extended by four weeks.

(G. S. PATEL, J) 1st March 2018