R S SIVASWAMI Vs. S SOUNDRAMMAL

JUDGEMENT

(1.) THIS appeal challenges the order of the learned single Judge, allowing an application, whereby the delay of four days in filing an affidavit filed in support of the caveat filed in O.P.No.488 of 2002, was condoned.

(2.) ADMITTEDLY, the appellant herein, as petitioner, filed O.P.No.488 of 2002 seeking grant of probate of a Will executed by his mother. The respondent herein was served with notice on 13.08.2002 by the Court, which was followed by filing of vakalat of 19.08.2002. The certified copy of the Will was obtained from the Court on 16.12.2002. Thereafter, a caveat was filed on 06.02.2003, which was returned by the Court, since the affidavit was not filed within 8 days as contemplated under Order 25 Rule 52 of Original Side rules. The same was also represented on 18.02.2003 along with the affidavit. But the same was returned stating that it was not filed within time. Under these circumstances, the said application was filed seeking condonation of delay. The said application was countered by the appellant herein stating that there is no question of condonation of delay, since the affidavit should be filed within 8 days, as envisaged in the said Rules and the application itself is not maintainable and hence, it was to be dismissed.

(3.) THE only contention put forward by the learned counsel for the appellant is that the affidavit filed in support of the caveat should be filed within a period of 8 days, as mandated under Order 25 Rule 52 of Original Side Rules and the said period can neither be extended nor any condonation of delay in that regard could be ordered and hence, the order under challenge is against the said mandatory provision and hence it has got to be set aside.