1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 166 OF 2008 IN SUIT NO. 3254 OF 2007 Burjor Shiavax Shroff. .... Plaintiff. V/s. Katy Kersasp Bamji and Ors. .... Defendants. ....... Mr. K.R. Parekh for the Plaintiff. Mr. Behram J. Mistry, Defendant 5 present in-person. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 13TH FEBRUARY 2008. P.C. :- The Notice of Motion has been taken out by the Fifth Defendant who appears in-person. The prayers in the motion are prolix but at the hearing of the Notice of Motion, the Fifth Defendant has urged only certain specific submissions. The first submission is that the 2 verification is not proper. The verification has to be in accordance with Form 3 appended to the High Court Original Side Rules read with Rule 44. Form 3 broadly accords with the requirement of Order 6 Rule 15(2) of the Code of Civil Procedure, 1909, under which a person verifying a pleading has to specify, by reference to the numbered paragraphs of the pleading, what he verifies of his own knowledge and what he verifies upon information received and believed to be true. Counsel appearing on behalf of the Plaintiff has fairly accepted at the hearing that the verification is not proper but he has prayed for the grant of an opportunity to enable the Plaintiff to put in place a proper verification. In my view, the interest of justice would require that an opportunity should be granted to the Plaintiff to file a proper verification. The Plaintiff shall do so within a period of two weeks from today. In the event that the Plaintiff fails to do so, the Prothonotary and Senior Master shall place the suit before the Court for further directions. The next submission which has been urged on behalf of the Fifth Defendant is that the Suit is barred by limitation. This cannot be decided at the present stage when pleadings are still to be filed. An 3 issue on the question of limitation will have to be framed at the appropriate stage. The third submission is that the document at Exhibit 'B' is an unregistered document, on the basis of which no title can be conferred. This again is a matter which would have to be dealt with at the appropriate stage. The Notice of Motion is disposed of. ------