GOODS OF NANDA LAL SETT Vs. STATE

JUDGEMENT

(1.) This is an application for the discharge of a caveat to the will of Nandalal Sett, deceased, under Ch. 35, Rule 27 of the Original Side Rules of this Court. The application is made by Sm. Basana Dutt, the sole executrix and trustee of the last will of Nandalal Sett deceased, dated 26-12-1052. The applicant applied to this Court on 15-12-1953 for the grant to her of the probate of the will of Nandalal Sett. The caveator is Gobinda Lal Sett, a brother's son of the deceased testator who filed his affidavit in support of his caveat on 2-1-1954.

(2.) The reason why the caveat is sought to be discharged is that the affidavit in support of the caveat does not disclose legal grounds of objections to the grant of probate.

(3.) Under Rule 25 of Ch. 35 of the Original Side Rules the caveat requires to be supported within eight days of the lodging of the caveat, by an affidavit which shall state first the right and interest of the caveator and secondly, the grounds of the objections to the application for the grant of probate. The caveator in his affidavit has disclosed his right and interest as an heir of the testator Nandalal Sett. But the other requirement of Rule 25 of Ch. 35 of the Original Side Rules about the grounds of the objections to the grant of probate is, it is contended, not satisfied by the affidavit in support of the caveat. The only ground shown is in paragraph 9 of the affidavit of Gobinda Lal Sett in support of the caveat affirmed on 2-1-1954. The ground is taken in these terms: