CHETAN NAVNITLAL SHAH Vs. FIZZA NAVNITLAL SHAH AND ORS.
HIGH COURT OF BOMBAY
Chetan Navnitlal Shah
Fizza Navnitlal Shah And Ors.
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(1.) Originally, there were two defendants to this suit. The original 1st Defendant, Navnitlal Ratanji Shah, died. The Plaintiff amended his plaint, and deleted Navnitlal as a defendant. The original 2nd Defendant is now the sole defendant to the suit. This Notice of Motion is by the 2nd Defendant. She has not yet amended the title to her Notice of Motion. She will do so, deleting the name of the original 1st Defendant, before 10th February 2017. The registry will not insist on re-verification. The full title to this order show the correct title in the suit with the name of the original 1st Defendant deleted.
(2.) On 24th November 2014, RD Dhanuka J framed a preliminary issue under Section 9A of the Code of Civil Procedure 1908 ("CPC"). The issue was of limitation and it was raised specifically in paragraphs 13 to 16 of the Defendant's Affidavit in Support of their Notice of Motion No. 1469 of 2014. Dhanuka J framed the following issues:
"(1) Whether any part of the relief is barred by limitation
(2) What orders -
(3.) The Plaintiff desired to lead evidence. The Court issued directions for filing his Affidavit of Evidence, Affidavit of Documents, statements of admission and denial, and other pre-trial formalities on the preliminary issue. The Plaintiff filed two Affidavit in lieu of Examination-in-Chief The first is dated 21st April 2015. The second, additional, Affidavit in lieu of Examination-in-Chief is dated 4th September 2015. The Plaintiff also put in evidence seven documents separately compiled as Exhibits "P1" to "P7". The Plaintiff was cross-examined on commission on 3rd March 2016, after which he closed his case.;
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