- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 22 of 2008 IN SUIT NO.53 of 2005 IN PETITION NO. 477 OF 2003 Suresh Jamnadas Paleja (Deceased) Uday Hansraj Paleja ...Petitioner/ Plaintiff V/s. Mathuradas Jamnadas Paleja ...Caveator/ Defendant Ms. Nichani i/b Mr. N.Z. Khapra for the plaintiff Mr.M.Bhandari i/b. Sean Wassoodew for defendant CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 18th July, 2008 18th July, 2008 18th July, 2008 P.C. P.C. P.C. . Issues have been framed in this Testamentary Suit on 21st January, 2008. Issue no.6 relates to the intentional non-disclosure of the entire property and estate of the deceased in the petition. It is contended on behalf of the Caveator that several properties of the deceased are not shown in the estate to the will despite the Petitioner being informed of those properties. Hence, Petitioner has intentionally suppressed those properties as the estate of the deceased. - 2 - 2. His Advocate contends that whilst the Petitioner is in the witness box to prove the will, he would be confronted with the documents with regard to the suppression of the estate. 3. The jurisdiction of this Court is very limited. It is only to declare the will which is sought to be challenged as genuine or not so that probate may be issued or refused. Consequently, this issue would not be germane to the issues in a Testamentary Suit. 4. The Caveator shall be entitled to bring to light the entire estate if probate is granted and the Petitioner has to administer the estate of the deceased, which would mean the entire estate of the deceased. Consequently, issue no.6 is deleted. 5. Notice of motion disposed of accordingly. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)