KEYUR MADHUSUDAN SHAH Vs. NIKHIL MADHUSUDAN SHAH

JUDGEMENT

(1.) The Plaintiff seeks probate of a registered Will dtd. 4/1/2007 of his father, Madhusudan Dahyabhai Shah ("Madhusudan"?), who died on 1/5/2007. The Plaintiff is the sole executor and trustee appointed under the said Will

(2.) The Plaintiff is Madhusudan's elder son. His petition is opposed by his younger brother, Nikhil, the 1st Defendant, and their sister Hemangini, the 2nd Defendant. The Defendants filed their respective Caveats on 9/12/2009. Affidavit in Support of the Caveat of the 1st Defendant, File No. 2, pp. 67" "74; Affidavit in Support of the Caveat of the 2nd Defendant, File No. 2, pp. 75" "105. They claimed that the Will was forged, fabricated and executed under undue influence. Another surviving sister, Harsha, entered no opposition to the Petition.

(3.) After they filed their Caveats, the Defendants consistently remained absent, though repeatedly served notices by the Plaintiffs. Various orders of this Court have noted the Defendants' absence despite notice. Since the Defendants filed Caveats, the Testamentary Petition was renumbered as a suit. It had to be tried as such. The Plaintiff was compelled to lead evidence, even though the Defendants were absent throughout. Ultimately, the evidence was closed. The Defendants have never cross-examined the Plaintiff's witnesses, never led evidence and never appeared to present any arguments.