1 2.TS.111.1999-TP.1020.1997.odt mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION TESTAMENTARY SUIT NO. 111 OF 1999 IN TESTAMENTARY PETITION NO.1020 OF 1997 Gouri Banerjee ...Deceased Dr, Arup Kumar Banerjee ...Plaintiff/Petitioner Vs. Neena Amar Chaudhari ...Defendant/Caveator Mrs. A.S. Khurshrushahi for the Plaintiff Mr. A.J. Almeida for the Defendant/Caveator CORAM : SMT. ROSHAN DALVI, J. DATED : 21ST MARCH, 2011 P.C.: 1. The issues were not framed and the admissibility of the documents of the parties had not been considered by the Court prior to the suit being referred to the Commissioner for recording evidence. Hence upon the pleadings of the parties the following issues are framed: 1. Whether the last Will and Testament of the deceased Gouri Banerjee dated 30th July 1978 was validly executed. 2. Whether the said Will has been fabricated or obtained 2 2.TS.111.1999-TP.1020.1997.odt by the Plaintiff under influence, in collusion with the attesting witness to the Will who was the trusted person of the Plaintiff. 3. What relief, if any, is the Plaintiff entitled to ? 2. The admissibility of the documents of the Plaintiff is considered as follows: 1. The copy of the Will of the deceased Gouri Banerjee dated 31st July 1978 is marked Exhibit-A for the sake of convenience. 2. Copy of letter dated 1st April 1992 of the Plaintiff addressed to the Chairman of Evergreen Co-operative Housing Society Ltd., and received and initialled by the Chairman is marked Exhibit-B, subject to the proof of the truth of its contents. 3. The admissibility of the documents of the Defendant is considered as follows: 1. The copies of some of the pages of the passport of the Plaintiff, produced by the Plaintiff in the BCCC Suit between the parties are marked Exhibit-1 (colly). 2. The certified copy of the marriage certificate of the Defendant issued by the Marriage Registrar, Mumbai, 3 2.TS.111.1999-TP.1020.1997.odt being the relevant public authority is marked Exhibit-2. 3. The pay-in-slip book of the Bank Account of the deceased No.3202 in Allahabad Bank identified by the Defendant is marked Exhibit-3. 4. The Pass Book of the deceased of Account No.3202 in Allahabad Bank showing the Joint Account of the deceased with the Defendant, the Plaintiff and the Plaintiff’s daughter, is marked Exhibit-4. 4. The other documents produced by the parties are irrelevant and hence not marked. (SMT. ROSHAN DALVI, J.)