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Ramniklal Amritlal Shah vs Bhupendra Impex Pvt. Ltd. & Ors. on 13 December, 2000

12. Learned counsel made an attempt to distinguish the judgment of the Division Bench of this Court in the case of Ramniklal Amritlal Shah (supra) on the ground that the application filed by the applicant in Chamber Summons No.450 of 2015 cannot be considered as interlocutory stage and thus the said judgment of the Division Bench ::: Uploaded on - 08/01/2019 ::: Downloaded on - 10/01/2019 22:40:15 ::: ppn 13 chs-424.15 wt 450.15 (j).d of this Court in the case of Ramniklal Amritlal Shah (supra) would not assist the case of the applicant in Chamber Summons No.450 of 2015. He submits that in that case before the Division Bench of this Court, none of the legal heirs had come forward for impleadment in place of the original party.

Surendra Chandra Jena And Ors. vs Laxminarayan Jena And Ors. on 17 November, 1987

27. Division Bench of this Court in the case of Ramesh Sippy Vs.Suresh Gopaldas Sippy & Ors. (supra) has after adverting to the judgment of the Division Bench of this Court in the case of Ramniklal Amritlal Shah (supra) and several other judgments has allowed an executor to proceed with the proceedings filed by the original testator without obtaining probate at that stage and merely on the statement made by the applicant that he would file a petition for probate within one month from the date of the said order. The judgment of the Division Bench would squarely apply to the facts of this case. I am respectfully bound by the said judgment.
Orissa High Court Cites 2 - Cited by 6 - Full Document
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