: 1 : nms-148-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 148 OF 2009 IN TESTAMENTARY SUIT NO. 6 OF 1996 IN TESTAMENTARY PETITION NO.691 OF 1995 Ronak P. Shah alias Ronak A. Vaja .. Plaintiff/ Petitioner v/s. Pinakin K. Shah .. Defendant/ Respondent ......... Mr. J.P. Sen with Ms. Ferzana Behramkamdin & Ms. Swati Deshpande for the plaintiff. Mr. D.H. Mehta with Preeti Gada i/by Sudhir Shah & Associates for defendants in support of NM 148/09. ......... CORAM : R.Y.GANOO, J. DATE : 16th JULY, 2010. P.C. : 1. The petition came to be amended pursuant to the orders passed by this Court on 14th August, 1996. Copy of the same was served upon the defendant as per the procedure. Defendant wanted to file what may be referred to as written statement on account of the amendment of the written statement. Learned Counsel for the : 2 : nms-148-09=.sxw plaintiff informed the Court that the amendment was for the purposes of adding certain properties, as forming part of the estate of the deceased. 2. I have heard learned Counsels on both sides. Permission to file what may broadly be referred to as written statement can be granted and there cannot be a dispute about it. 3. Learned Counsel for the plaintiff submitted that it is not open for the defendant to file written statement but defendant should file additional affidavit in support of the caveat. It was also sought to be suggested that the defendant should restrict himself to the text of the amended petition and not beyond that. As against this, learned Counsel Mr. Mehta submitted that defendant would file appropriate document, which in the opinion of the defendant is required to be done to put his case in the proper perspective, whether it is called as additional affidavit in support of the caveat or written statement and defendant cannot be put to terms as to what he should mention in the said document. 4. After having considered the rival points, I am inclined to : 3 : nms-148-09=.sxw observe that it will not be open for the Court to put the defendant to terms as to what he should write in the written statement and whether he should restrict himself only to the amended portion of the petition. To that extent, the defendant is free to file appropriate document with appropriate contents. So far as the question of filing what may be referred as additional affidavit in support of the caveat / written statement, it may be that the title to the document is of no importance. The defendant must get a chance to put up his case in regard to the amended portion of the petition. Hence, following order is passed. ORDER (i) The defendant is permitted to file additional affidavit in support of the caveat / written statement. This shall be done on or before 31st July, 2010. This should be filed in the office directly. Copy of the same should be served upon the attorney of the plaintiff on or before 5th August, 2010. Suit to come up for framing of issues on 30th August, 2010. Suit to be taken up expeditiously. (R.Y.GANOO, J.)