SHANTI DEVI Vs. ANIL KUMAR SINGH

JUDGEMENT

(1.) According to Anil Kumar Singh, son of late Janardan Sinha, his grand-father Ram Binod Singh died testate on 23rd May, 1967. In 1983 almost 16 years after the death of the testator, Anil Kumar Singh filed an application for grant of letters of administration annexed with the Will. At the time when the application was filed one of the sons of Ram Blnod Singh, namely, Dr. Surendra Sinha was alive. He was accordingly cited but, admittedly, he did not enter a caveat. One of the daughters of Ram Binod Singh, namely, Sharda Mandal, on being cited, filed a caveat and thereupon filed an affidavit-in-support of the caveat and, as a result, in 1987 the application for grant was treated as a suit in between Anil Kumar Singh, plaintiff and Sharda Mandal. defendant.

(2.) In the meantime on 30th October, 1986. Dr. Surendra Sinha died intestate and, as a result, his wife Brij Shanti Mani, being the appellant above named, in her own capacity, acquired some interest in the estate of Ram Binod Singh, testator. In 1995 appellant filed a caveat. Prior thereto , the defendant in the suit prayed for a direction for issuance of a citation upon the appellant. That having been rejected, the matter came up before this Court, when this Court observed that the thing, as was being sought for by the defendant in the suit, is unheard of. According to the appellant, subsequent thereto over telephone, the defendant in the suit informed the appellant about the pendency of the suit and accordingly the appellant in 1995 filed the caveat.

(3.) The caveat so filed has been discharged by the order under appeal principally on the ground that the appellant had no interest in the estate of the testator and that there is unexplained delay in approaching the Court to file caveat.