Final Order 1

Order Details: Chamber summons
Pdf Text: CS 123 of 2020. In Suit No. 8644/1992 1 Date :21.01.2020
H.C.Suit No. 1107 of 1992
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
CHAMBER SUMMONS NO. 123 OF 2020
IN
SUIT NO. 8644 OF 1992
(HIGH COURT SUIT NO. 1107 OF 1992)
(CNR NO.MHCC01 0091782012 )
Silloo Dara Zaiwala .. Plaintiff
Versus
Behram Merwanji Sethna & Ors. .. Defendants
Appearances :
Adv.Jehan Lalkaka for plaintiff no.1 to 3.
Adv.Vaishali Ugale for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 21.01.2020
ORDER
1. The plaintiff filed instant Chamber Summons for recasting of
issues. It is contended by the plaintiff that this Court framed issue
below Exh.6 whereby the issue no. 8 is wrongly framed and issue
nos. 9 and 10 are not required to be framed.
2. The Chamber Summons is opposed by the defendant no. 1
by filing say below Exh.8. Heard both the sides. Perused
application, reply as well as pleadings of the parties. The
defendant no.1 in his Written Statement has alleged that the
original plaintiff inspite of request made to her, time and again
failed to maintain and render accounts of the income in the Trust.
The plaintiff further failed and neglected to pay defendant no. 1
his share of income in the Trust.
3. The plaintiff filed present suit for declaration that she has
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CS 123 of 2020. In Suit No. 8644/1992 2 Date :21.01.2020
H.C.Suit No. 1107 of 1992
rightfully removed defendant no. 1 from the Trust and declaration
that the plaintiff no. 1 to 3 are legally appointed as Trustee. Thus,
looking to the defence of the defendant no. 1, in my view, the
issue no. 8 which is framed as “Does the plaintiff prove that he is
entitled to deny rightful income of the defendant needs to be re
framed because it is burden on the defendant no. 1 to prove that the
plaintiff denied his share of income in the Trust property.” As far as
regarding issue nos. 9 and 10, I do not find any pleadings for
above issue. These issues are not required to be framed. Hence, in
my view, issue nos. 9 and 10 needs to be deleted. Thus, I proceed
to pass the following order :
ORDER
1. Chamber Summons No. 123 of 2020 is hereby allowed.
2. Issue No. 8 is to be re casted as under :
“Does the defendant no. 1 prove that the plaintiff
failed and neglected to pay defendant no. 1 his
share of income of the Trust.?”
3. Issue Nos. 9 and 10 are to be deleted.
4. Parties to bear cost of present application.
5. Chamber Summons No. 123 of 2020 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil & Sessions Court,
Dated : 21.01.2020 Greater Mumbai
Dictated on : 21.01.2020
Typed on : 21.01.2020
Draft Submitted on : 21.01.2020
Checked on : 27.01.2020
Signed on : 28.01.2020
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CS 123 of 2020. In Suit No. 8644/1992 3 Date :21.01.2020
H.C.Suit No. 1107 of 1992
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
29/01/2020 at 3.10 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
21/01/2020
JUDGMENT/ORDER signed by P.O.
on
28/01/2020
JUDGMENT/ORDER uploaded on 29/01/2020
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