SAVITRI DEVI SIKHWAL (DECEASED) Vs. STATE

JUDGEMENT

(1.) The applicant has filed two applications praying inter alia for extension of time to lodge caveat and for recalling of an order dated 29th November, 2016 passed by Justice Sanjib Banerjee in GA 4023 of 2014.

(2.) The applicant says that on an assurance given by the eldest son of the alleged testator who happens to be the executor of the alleged Will dated 24.12.1997 that the said executor would take proper care of the share of the married sisters, the petitioners did not throw any immediate challenge to the said Will. The elder brother died suddenly on 8th March, 2007. The second brother who was also one of the main executors also died on 18th April, 2009. The third brother, Dilip Kumar Sikhwal had already expired on 8th 2 December, 2000. Since considerable time had elapsed and that the petitioner was not receiving her share bequeathed in her favour by her mother and father, enquired into the matter when she became aware of the existence of the present proceeding. The applicant although admits to have filed a consent affidavit on 31st March, 2003 but at this stage it is contended that such consent affidavit was obtained by misrepresentation and false assurance which were never fulfilled by any of the brothers and/or sister-in-laws.

(3.) The said application is opposed by the sister-in-law of the applicant who happens to be the wife of the second son of the testator. She appears to have filed an application for substituting her as executrix and for getting a letter of administration. On 25th December, 2014 the second executor's wife, i.e. the second daughter-in-law of the testator filed an application being GA 4023 of 2014 with a prayer for granting letters of administration with a copy of the Will to her. The said matter is now required to be heard as a contentious cause in view of the order passed on 14th July, 2005. The applicant herein before the grant of probate has filed a consent affidavit on 31st March, 2003 in which she has made the following averments:-