ILA VIPIN PANDYA Vs. SMITA AMBALAL PATEL

JUDGEMENT

(1.) THIS Chamber Summons is taken out by the plaintiff praying that the Caveat dated 7th March 1996 filed by the Caveatrix Smita Ambalal Patel be dismissed at the outset. In the alternative to the above mentioned prayer, it is also prayed that the hearing of the suit be expedited and the matter be placed on board for hearing and final disposal on such date as the Court may deem fit and the plaintiff and defendant be directed to file their respective affidavits of documents and they be further directed to give each other inspection of documents disclosed in the respective affidavits of documents.

(2.) THE petition is filed by one Ila Vipin Pandya for obtaining Letters of Administration with respect to the estate of the deceased Vipin Dalsukhram Pandya who died at Bombay on or about 4th November 1995.

(3.) I have heard Mr. Navnit Shah appearing for the petitioner/plaintiff Ila Vipin Pandya. So also defendant/caveatrix Smita Ambalal Patel, who was appearing in person. It is the contention of Mr. Shah that the affidavit in support of the Caveat was not filed by the Caveatrix within 8 days from the date of filing of the Caveat and that it was in violation of Rule 402 of the High Court Original Side Rules. He also submitted that the affidavit in support of the Caveat does not disclose what right and interest the Caveatrix has and what are her ground for objecting to the proposed grant of Letters of Administration to the petitioner/plaintiff Ila Vipin Pandya. It is, therefore, contended by Mr. Shah that the Caveat is not maintainable and hence it be dismissed at the outset and the matter treated as contentious is non-contentious and accordingly the office be directed for treating it as non-contentious matter to facilitate granting of the Letters of Administration to the petitioner.