GANADAB BASU Vs. NIL

JUDGEMENT

(1.) The petitioner Indrani Ghosh has filed the instant application being G.A. No. 1 of 2019 in PLA No. 74 of 2019 praying for leave to lodge caveat and affidavit-in-support of caveat by condoning the delay of 17 days. The brother of the petitioner, Shri Bhaskar Basu had filed an application for grant of probate of the last Will and Testament dtd. 3/5/1995 of the deceased Ganadeb Basu.

(2.) After filing of the application being PLA No. 74 of 2019, citation was served upon the petitioner at 16702, Chestnut Meadow Court, Sugar Land, Texas-77479, USA on 26/9/2019. On receipt of citation at USA, the applicant reached Kolkata on 6/12/2019. After reaching Kolkata, the applicant has filed the instant application on 9/12/2019. The petitioner has received citation on 26/9/2019 and thus the applicant had to lodge caveat within eight weeks from the date of receipt of Citation i.e. on 21/11/2019 accordingly there is a delay of 17 days.

(3.) Learned Counsel for the petitioner submits that the petitioner is an aged lady and is residing at USA for years together along with her husband who is also old age person and after getting Citation, the petitioner had managed to travel to India after the husband of the petitioner was declared medically fit to travel on 4/12/2019.