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1972 Supreme(Bom) 23

J.R.VIMULDALAL
Husein Abdul Karim Panju – Appellant
Versus
Mariambai Abdul Rahim – Respondent


JUDGMENT - 1. This is a Chamber Summons under Order 6 Rule 5 of the Civil Procedure Code taken out by the Plaintiff-Petitioner for particulars of several statements and allegations contained in the affidavit dated 11th May 1971 filed by the defendant in support of the caveat dated 12th April 1971. The testamentary petition out of which the present application has arisen relates to the estate of one Esmail Abdul Karim Panju who died in Bombay on the 12th day of February 1965 leaving a will dated 29th June 1953 under which the plaintiff was appointed sole executor. The plaintiff filed this petition for the grant of probate on the 19th of August 1970 and a caveat and an affidavit in support of the caveat having been filed by the defendant the proceedings were numbered as a suit in accordance with the provision of Rule 710 of the Rules (O.S.) of this Court. For the sake of completing the facts it may be stated that I have already recorded on 2nd February, 1972 the evidence of Mr. Aibara the solicitor who prepared and attested the will in question. The plaintiff has thereafter taken out the present Chamber Summons for further and better particulars of several statements contained in the











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