RANJAN CHATTERJEE Vs. DINESHKUMAR SHARMA

JUDGEMENT

(1.) This application dated May 10th, 2006 has been taken out by the petitioner in PLA No. 27 of 2006. He prays for an order discharging the caveat in terms of provisions in R. 27 of Ch. 35 of the Original Side Rules of this Court.

(2.) The ground on which he wants discharge of the caveat is that in the affidavit in support of his caveat the caveator did not state his right and interest, and the grounds of objection to the application for probate. Counsel submits that a reading of the affidavit will show that the caveator failed to comply with the requirements of provisions in R. 25.

(3.) During pendency of this application the caveator took out in application (G.A.No. 1813 of 2006) for leave to file a supplementary affidavit. By my order made today I have allowed that application. In the supplementary affidavit the caveator has stated his right and interest, and the grounds of objection to the application for probate. The order made in G.A. Mo. 1813 of 2006 is set out below : "The Court. This application dated May 15th, 2006 has been taken out by the caveator (Dinesh Kumar Sharma) in connection with the application for probate filed in this Court by one Biswanath Chatterjee as petitioner. He prayed for probate of a will dated April 21st, 1999 stated to have been executed by one Ranjan Chatterjee who died on April 12th 2005. He is contesting this application of the caveator without filing any opposition. Special citation was issued, and it was served on the caveator on March 10th 2006. He lodged the caveat on March 16th. 2006. According to provisions in R. 25 of Ch. 35 of the Original Side Rules of this Court, he was to file the affidavit in support of him caveat within eight days from March 16th 2006, i.e. within March 24th, 2006. He filed the affidavit on March 24th, 2006. Now he wants an order permitting him to file a supplementary affidavit, in support of his caveat.