SARLA KAPUR Vs. SANJAY SUDESH

JUDGEMENT

(1.) Chamber Summons No. 52 of 2007 is taken out by the plaintiff (in the testamentary suit) for dismissal of the caveat dated 12th March, 2007 filed by the defendant opposing the grant of probate to the alleged Will dated 4th April, 2005 of Mr. Sudesh Kapur. Chamber Summons No. 80 of 2007 is taken out by the defendant (in the testamentary suit) for taking on record the additional affidavit in support of his caveat or in the alternative to allow the amendment to the affidavit in support of his caveat dated 12th March, 2007.

(2.) The relevant facts briefly stated are that on 5th July, 2006 Mr. Sudesh Kapur (hereinafter referred to as "the deceased") died leaving behind him the plaintiff as a widow and the defendant as his son. According to the plaintiff, the deceased has left behind him his last Will and testament dated 4th April, 2005.

(3.) On 9th October, 2006, the defendant filed a suit bearing Suit No. 3020 of 2006 in this Court for administration of the estate of the deceased alleging that the deceased had died intestate. On 7th December, 2006, the plaintiff filed a petition bearing Testamentary Petition No. 998 of 2006, for grant of probate to the alleged last Will of the deceased dated 4th April, 2005. On service of the notice of the testamentary petition, on 12th March, 2007 the defendant filed a caveat opposing the grant of probate and on the next day, i.e. on 13th March, 2007, filed an affidavit setting out the grounds of opposition for the grant of probate. On 6th July, 2007, the defendant filed an additional affidavit setting out additional grounds of opposition for the grant of probate. On 7th September, 2007, the defendant filed the Chamber Summons No. 80 of 2007 seeking leave to take the additional affidavit dated 13th July, 2007 on record or in the alternative to permit him to amend the affidavit by setting out additional grounds of opposition for the grant of probate. In the meanwhile, on 16th July, 2007, the plaintiff has taken out Chamber Summons No. 52 of 2007 for dismissal of the caveat of the defendant on the ground that his affidavit dated 13th March, 2007 does not specifically set out any ground of opposition for the grant of probate.