: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO.20 OF 2010 IN TESTAMENTARY SUIT NO.18 OF 1997 IN TESTAMENTARY PETITION NO.916 OF 1996 Chamanlal Ramsaran Oberai .. Plaintiff v/s. Mrs. Martha Anthony Borge & Ors. .. Defendants And Roger Ignatious D’Souza & Ors. .. Caveators ......... Mr. Y.K. Sharma for appellant in CHS Mr. R.A. Shaikh for plaintiff ......... CORAM : R.Y.GANOO, J. DATE : 22nd APRIL, 2010. P.C. : 1. This chamber summons is taken out by in all 7 persons, who claim to be the heirs of Anthony Borge. The petition came to be : 2 : filed by the plaintiff and in the body of the petition, all the heirs of the deceased were shown. However, on the basis of record, which was produced before the Court so far as the petition is concerned, I am inclined to observe that heirs were not properly served i.e. to say Mrs. John, Martha, Filo and Girtie were not properly served. Today, on the date of taking out the chamber summons, Mrs. Filo and Mrs. Girtie were no more and that is how caveator nos. 3 to 7 are the heirs of these two ladies happen to be daughters of the deceased. If service upon four daughters as mentioned aforesaid is found to be defective, then, these four daughters or their heirs will have to be treated as properly served. Therefore, caveat filed by them will have to be accepted as they have an interest in the estate of the deceased. Hence, chamber summons will have to be granted. Hence, following order is passed. ORDER (i) The chamber summons is made absolute in terms of prayer clause (a). (ii) Persons who are shown as caveators shall file the caveat on or : 3 : before 30th April, 2010 directly in the office and inform the learned advocate for the plaintiff accordingly. Caveators to apply for certified copy of the proceedings. Office to supply the said copy as expeditiously as possible. Suit to come up on board for direction on 14th June 2010. [R.Y.GANOO, J.]