- (1.) The order passed by the Division Bench in an appeal against the order passed by the learned Single Judge of that Court is in question before us in this appeal. Respondent No.1 (Smita Ambalal Patel) had taken out the Chamber Summons in Testamentary Suit No.17 of 1996. By that summons she sought for the certified copies of Miscellaneous Application No.1 of 2004 in the Testamentary Suit as also the transcript of tape-recorded conversation between the appellant herein (Smt.Ila Pandya) and the respondent No.2 (Ms.Fereshte Sethna). The appellant had filed a Testamentary Petition No.132 of 1996 before the Bombay High Court for issuance of Letters of Administration in respect of the estate of her late husband, namely, Shri Vipin Dalsukram Pandya. In this suit the present respondent no.1 (Smita Ambalal Patel) had filed a caveat. Eventually the Testamentary Petition came to be converted into Testamentary Suit. Ila Pandya was being represented by respondent no.2 Ms.Fereshte Sethna in that suit. However, it seems that the appellant sought for discharge of her counsel in the case. This was objected to by the respondent no.2 who opposed the prayer of discharge. The appellant, therefore, had preferred a Chamber Order before the Prothonotary & Senior Master, High Court of Bombay and eventually the respondent no.2 was discharged by the order passed by the Additional Prothonotary & Senior Master dated 23.2.2004. In these proceedings respondent no.2 filed Miscellaneous Application No.1 of 2004 alleging therein that the appellant Ila Pandya had committed perjury and that an action should be taken against her. This was probably done as some allegations were made by the appellant against her erstwhile counsel, respondent no.2. The respondent no.2 in this application had also tendered two audio cassettes in support of her Miscellaneous Application No.1 of 2004.
(2.) The request made by the present respondent Smita Ambalal Patel in the Chamber Summons was resisted both by the appellant as well as the second respondent.
(3.) It seems that on 25th March, 2004 the High Court passed an order directing that the copies of the papers and proceedings in Miscellaneous Application No.1 of 2004 should be furnished only to the appellant and the respondent no.2. The respondent no.1 raised an objection to this by filing an application for speaking to the Minutes dated 5th May, 2004 which application was rejected by the High Court.;