Kalpana Paresh Damania v. Hansa Ratilal Khatri

Before : Sachin B. Bhansali Prothonotary and Senior Master Date : 13th November, 2024 FOR HEARING AND FINAL DISPOSAL :

16. CHOL/220/2024 IN TP(L)/825/2020 ) ) ) Mr. Dhyan Shah and Mr. Dhruv Mishra i/b. Mr. Rajesh Kothari, Advocate for Petitioner / Applicant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) P.C. : The present Chamber Order is taken out for restoration of the captioned Petition, which was rejected vide Order dated 07.02.2023 for noncompliance of office objections under O.S. Rule 986. Perused Chamber Order, Affidavit and Addl. Affidvait in support of Chamber Order. Heard Advocate for the Petitioner / Applicant, who submits that due to inaction and non-communication from the erstwhile Advocate, who represented the Petitioner, the Testamentary Petition was rejected due to noncompliance of office objections. Ld.

Advocate for Petitioner / Applicant further submits that now Petitioner has engaged another Advocate who is looking after the present matter. He further submits that if Chamber Order is allowed by condoning delay of 398 days caused in filing present Chamber Order and if Petition is allowed to be restored to its original file, he will remove office objections within given time and therefore, present Chamber Order may be allowed by condoning delay.

I have considered contentions raised in Affidavit and Addl. Affidavit in support of Chamber Order and submissions as canvassed by Ld. Advocate for Petitioner / Applicant. I am of the view that party should not suffer due to inaction on the part of the Advocate; as client is solely dependent upon advise and opinion given by the Advocate. Hence, I am of the view that an opportunity should be given to the Petitioner to remove office objections and get the Petition registered / numbered by allowing present Chamber Order.

.... 2

.... Continued Prothonotary and Senior Master Date : 13th November, 2024 : 2 :

I am also satisfied with the explanation given by the Petitioner for delay caused in filing Chamber Order by way of Affidavit and Addl. Affidavit in support of Chamber Order. Hence, present Chamber Order is allowed by condoning delay of 398 days.

) ) ) ) ) ) ) ) ) ) ) Petitioner to remove office objections on the Petition and get the same numbered and / or registered within five weeks from the date of uploading of the order, failing the Petition to stand rejected for nonremoval of office objections under O.S.Rule 986. Date : 13.11.2024 Prothonotary & Senior Master