1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.51 of 2009 in Testamentary Suit No. 7 of 2003 in Petition No.583 of 2001 1 Dr.Avi Navzer Dadina and others ..Plaintiffs vs. Mr.Aspi Barjor Dosabai Daboo ..Defendant and 1 Diana Mino Framroze & ors. ..Applicants Mr.Sunip Sen i/b Wadia Gandhy & Co. for plaintiffs. Mr.K.H.Mody i/b Mr.Devendra G.Joshi for defendants Mr.E.H.Kotwal with Mr.Sheikh Yusufali i/b S.Mohammadbhai and Co. for applicants. CORAM: S.J.KATHAWALLA J. 9th July, 2009 P.C. 1 This Chamber Summons is taken out by the applicants for being joined as party defendants in Testamentary Suit No. 7 of 2003 2 in Testamentary Petition No.583 of 2001. Testamentary suit no.7 of 2003 is filed by the plaintiffs for grant of probate of the Will dated 29th March, 2000 executed by the deceased Dr.Jer Dosabhai Daboo. 2 The applicants have sought to be joined as parties to the said suit inter alia on the ground that the deceased had by her earlier Will of March, 1998 bequeathed substantial part of her estate to the applicants, which Will, according to the plaintiffs in Testamentary Suit No.7 of 2003, has been revoked. 3 The applicants contend that no citations were served upon them despite they having a caveatable interest in the estate of the deceased on account of the said earlier Will executed in March, 1998 which contention is disputed by the plaintiffs. The applicants have also submitted that they have filed a caveat in suit no.7 of 2003 in petition no. 3 583 of 2001 on 8th April, 2009 and have subsequently also filed a testamentary petition lodging No. 350 of 2009 for grant of probate of the Will of the deceased executed in March, 1998 to the petitioners therein i.e. the applicants herein. 4 After hearing the learned Advocates appearing for the parties, the following order is passed by consent of the parties. i) The applicants to the chamber summons are allowed to be joined as party defendants to Testamentary suit no. 7 of 2003. The plaintiffs in the said suit shall carry out the amendments on or before 20th July, 2009 and forward a copy of the amended plaint to the Advocate for the defendants. ii) Testamentary Petition (Lodging) No. 350 of 2009 is tagged along with Testamentary Suit No.7 of 2003. However, Testamentary Suit No.7 of 2003 shall be heard first. 4 iii) The following additional issue is framed for determination in Testamentary suit no. 7 of 2003 Whether defendant nos.2, 3 and 4 prove that the deceased has not validly revoked her earlier Will executed in March, 1998? iv) If orders in Testamentary Suit No.7 of 2003 are adverse to the plaintiffs, the petitioners in petition lodging no.350 of 2009 shall be allowed to prove the Will of the deceased executed in March, 1998. 2 In view of the above, chamber summons stands disposed of with no order as to costs. (S.J.KATHAWALLA J.)