FATMABAI Vs. HAJEE CASSAM JUSAB

JUDGEMENT

(1.) This suit was filed by the two widows of one Hajee Suleman Hajee Cassam against several defendants, and claims amongst other things administration of the estate of the said deceased, and that the rights of the deceased and defendants Nos. 1 to 4 may be ascertained and declared, and for maintenance. The defendants Nos. 1 and 2 have put in a lengthy written statement raising a number of contentions. Stated very shortly the effect of the written statement is this that there is nothing due to the estate of the deceased.

(2.) In the course of the conduct of the case the usual order for inspection was made; and when the defendants attorneys found that the plaintiffs attorneys were copying a large number of documents which had been referred to in their affidavit of documents, they raised objection. They said that copies of documents verabtim et literatim were unnecessary and that time was being wasted; and they declined to give any further inspection, Thereupon, the plaintiffs took out the present summons, which calls upon defendants Nos. 1 and 2 to appear to show cause why they should not give inspection to the plaintiffs of the documents disclosed in the affidavit of documents of the said 1 and 2nd defendants. And it appears the defendants attorneys declined to allow the inspection to go on unless the sum of Rs. 200 was deposited for the costs of such inspection.

(3.) Now, obviously a somewhat important point is raised viz., as to the right to take copies of documents, and I have taken the opportunity, since the matter was argued, of looking into the cases on the point.