PARMANAND PATEL Vs. SUDHA CHOWGULE

JUDGEMENT

(1.) Chamber Summons No. 456 of 2007 is by Indu Parmanand Patel, who is plaintiff No.2 in Suit No. 2435 of 2005 along with her late husband Parmanand Patel, the plaintiff No.1. She is on record under Order XXXII Rule 15 of the Code of Civil Procedure as a next friend of her late husband Parmanand Patel, who suffered from mental infirmity and incapacity and was not capable of protecting his interests. By this chamber summons she has prayed for being impleaded as plaintiff in place of the deceased plaintiff No.1 i.e. Parmanand Patel.

(2.) In brief, in Suit No. 2435 of 2005 the deceased Parmanand Patel has, through his wife and next friend Indu Patel, sued for a declaration that the purported will predominantly in favour of his elder daughter Sudha Chowgule and the purported gifts almost wholly in favour of the said daughter are void having been got executed by the said daughter by exerting undue influence on him.

(3.) Chamber Summons No. 457 of 2007 is by Jaya Patel, the daughter of late Parmanand Patel who is defendant No.2. She has prayed for being transposed as plaintiff in her capacity as a legal heir and representative of the deceased Parmanand Patel in the plaint and other proceedings. Sudha Chowgule the elder daughter of Parmanand Patel is the 1st defendant to the suit. Thus, Suit No. 2435 of 2005 was filed by the late Parmanand Patel through his wife and next friend Indu Patel against his two daughters and others including the company in which he held shares after his death on 20.11.2006. His widow Indu Patel has sought impleadment as plaintiff No.1 and his second daughter Jaya Patel, defendant No.2 has sought transposition as plaintiff in the suit filed by the husband and father respectively.