1 ch-summons-25 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.25 of 2010 IN Testamentary Suit No.5 of 2007 IN Testamentary Petition No.494 of 2006 Izadyas Rohinton Irani .. .. Plaintiff v/s. Dr.Mrs.Dhun Kaikhushroo .. .. Defendant And Sorab Kailkhushroo Mody .. .. Respondent Mr.Nakhawa with Mr.Vasant Dhawan for Plff. Mr.Khan Javed Akhtar for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 5th August, 2010 P.C. : 1.The Defendant / Caveatrix has expired. This Chamber Summons is taken out to bring the Respondent, who is her heir of the caveatrix on record. The interest claimed by the caveatrix in the estate of the deceased survives to the Respondents. (See : (1) Mt. Phekni vs. Mt. Manki ILC Patna 698 = AIR 1930 Patna 618 and (2) Govind M. Asrani vs. Jairam Asrani & anr., AIR 1963 Madras 456). Hence upon the Chamber Summons being granted, the parties would be heard on merits. Hence, 2 ch-summons-25 the claim, if any, of the predecessor-in-title of the Respondent herein, who now contends that the Will cannot be probated, would be heard on merits. It would be in the interest of justice that the Respondent is brought on record. 2.The Chamber Summons is delayed. For the reasons mentioned in the Affidavit-in-support of the Chamber Summons, the delay is condoned. Consequently, the Chamber Summons is made absolute in terms of prayers (a), (b) and (c). 3.The Plaintiff shall carry out the amendments within one week. The Plaintiff shall serve the copy of the amended Plaint upon the Defendant also within one week. The Plaintiff shall proceed with the Testamentary Suit immediately thereafter. 4.The Plaintiff shall also file the Affidavit of evidence of the Plaintiff and witnesses on behalf of the Plaintiff within two weeks of carrying out the amendments. The Plaintiff shall produce the original documents to consider their admissibility. 5.The suit is adjourned to 30.8.2010 for considering the admissibility of the documents of the Plaintiff. 3 ch-summons-25 6.The Plaintiff shall not needlessly delay the prosecution of the suit because the Respondent herein, who seeks to be the Caveator, has taken exception to the delay that has been caused so far. (SMT.ROSHAN DALVI, J.)