JAGDISH PRASAD TULSHAN. Vs. MALATI TULSHAN

JUDGEMENT

(1.) The Court : By consent of the parties the appeal and the application are taken up together for hearing and disposed of by this order.

(2.) This appeal is directed against an order dated 27th March, 2019. The appellant filed an application for expunging the affidavit by one Mrs. Malati Tulshan, the caveatrix, filed in support of her caveat. The appellant contended that the caveatrix is an illiterate lady and unable to read or write or understand English language and the affidavit filed in support of the caveat was filed without her understanding the contents of the said affidavit. It is submitted that the caveatrix had deliberately made a false statement on oath as regards the status of her being the legally married wife of the deceased. In short, the contention of the petitioner before the learned Single Judge was that the caveatrix has made inconsistent statements before the fora with regard to her status as the legally widowed wife of the deceased. In view of such inconsistent statement made by her, the averments made in the affidavit in support of the caveat should be expunged.

(3.) It is, however, important to mention that the application was not for discharge of the caveat. On 13th September, 2018, the learned Single Judge had directed the caveatrix to be examined to verify the truth of the assertion made in the application filed by the plaintiff. Mrs. Malati Tulshan deposed on two days i.e. on 14th September, 2018 and 19th September, 2019.