MAHESH ATALRAI KESWANI Vs. SURESH ATALRAI KESWANI

JUDGEMENT

(1.) By this chamber summons filed by the petitioner, petitioner has prayed for vacating the Caveat filed by the respondents. Citation was served on Mrs Manu Shukla on 26th June 2012 and on Mr Suresh Atalrai Keshwani on 2nd July 2012, respondent No.2 and respondent No.1 respectively.

(2.) Mr Jain, learned counsel appearing for the applicant invited my attention Rule 401 and 402 of Bombay High Court (Original Side) Rules which read thus :

(3.) On perusal of Rule 402, it is clear that an affidavit in support of caveat shall be filed within eight days from the date of filing caveat. Copy of such affidavit shall be served by the caveator on the petitioner or his Advocate on record. If such affidavit is not filed within the prescribed time, caveat shall not prevent granting of probate or letter of administration. Though petitioner vide letters dated 19th July 2012, 23rd August 2012 and 31st August 2012 called upon the caveator to provide copy of affidavit in support of caveat, no affidavit in support is filed. No application for condonation of delay or for permission to file affidavit in support is filed by the caveators. Thought chamber summons was served in the month of December 2012 upon the caveators, no affidavit in reply has been filed. Compliance of Rule 402 is mandatory.