AGNES MIRANDA OF MUMBAI (MRS.) AND ORS. Vs. HOWARD MIRANDA AND ORS.
HIGH COURT OF BOMBAY (AT: STATE)
AGNES MIRANDA OF MUMBAI (MRS.) AND ORS.
HOWARD MIRANDA AND ORS.
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R.D.DHANUKA, J. -
(1.) By this chamber summons, the applicants (original defendants) seek recall of the witness no.1 examined by the applicants i.e. Ms. Ginnette Fernandes nee Miranda for the purpose of proving and accepting the documents in evidence annexed as Exhibits 1 to 5 to the affidavit in lieu of examination in lieu of witness no.2 (DW-2) i.e. Ms. Nisha Menon, proposed to be examined by the applicants whose affidavit in lieu of examination in chief has been already filed by the applicants. Some of the relevant facts for the purpose of deciding this chamber summons are as under :
(2.) It is the case of the original petitioner - Joseph Miranda in Testamentary Petition No.953 of 1997 (converted into Testamentary Suit No.28 of 2001) that Robert Miranda had executed a Will on 10th January, 1980, who died on 10th May, 1991. It was also the case of the original petitioner that the original petitioner was one of the two executors named in the said Will. The first executor Kevin Miranda alleged to have been named in the said Will died on 1st September, 1995. According to the original petitioner, the said deceased died leaving behind two daughters viz. Mrs.Loretta Peter Fonseca and Mrs.Joan Alec Monterio and one son by name Mr. Joseph Miranda (original petitioner to the testamentary petition). The original petitioner - Joseph Miranda claiming to be one of the legatee is also alleged to have been named in the said Will. After the demise of Mr. Joseph Miranda, his legal heirs have been brought on record.
(3.) On or abort 27th October, 1997 the said Mr. Joseph Miranda filed Testamentary Petition bearing No.953 of 1997 interalia praying for Probate of the alleged last Will dated 10th January, 1980 alleged to have been executed by Mr. Robert Miranda.;
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