(1.) By this Originating Summons, under Rule 238 of the Bombay High Court (Original Side) Rules, 1980, the plaintiff seeks determination of the following questions :-
(2.) The plaintiff is said to be surviving executor of the last Will and testament of one Rutty Cursetji Pestonji Wadia dated 25 th June 2002. The plaintiff is also said to be a trustee of P.A. Hormarjee Charites along with defendant nos.6 and 7. Defendant nos.1 to 5 are the persons who may get a share in the estate of one Amba Wadia - mother of Rutty Wadia. Defendant no.6 is the wife of the plaintiff and also sued in her capacity as trustee of the P.A. Hormarjee Charites ("the Trust"). Defendant no.7 is also a trustee. Defendant no.8 is the Charity Commissioner impleaded as a formal party.
(3.) What the plaint essentially seeks is interpretation of Clause 16 of the Will dtd. 25/2/1943 made by Amba Wadia. That Will was supplemented by Codicil dated 13 th August 1944. Amba's Will was probated on 22/10/1946. Rutty's Will dated 25 th June 2002 was probated on 4 th July 2018. According to the plaintiff, clause 16 of Amba's Will is required to be interpreted while dealing with the questions raised in this Originating Summons.