1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE CIVIL JURISDICTION CHAMBER SUMMONS NO. 11 OF 2009 IN SUIT NO. 69 OF 2007 IN PETITION NO. 434 OF 2007 Ajit Singh. ... Plaintiff. V/s. Jasmer Singh. ... Defendant. Mr. Vatsal Shah i/b. Advani & Co. for the Plaintiff. Mr. Abhileen Chaturvedi i/b. Paras Kuhad & Assoc. for the Defendant. CORAM : S.C. DHARMADHIKARI,J. DATED : 2nd DECEMBER 2009. P.C. :- This is a Chamber Summons by the Plaintiff principally for dismissal of the Caveat. 2. In the affidavit in support it is stated that the Caveat is not supported by any facts. On the other hand, the Caveator has filed the affidavit merely to delay the proceedings. It is stated that various false and frivolous allegations are made in the affidavit in support of the Caveat. The Caveator is aware of the existence and execution of the Will. For the reasons set out in the affidavit in support, the Caveat be dismissed. 3. The affidavit in reply is filed by the Defendant/Caveator and apart from raising the plea of maintainability of the 2 Chamber Summons, additionally it is contended that in the Caveat and in the affidavit in support, it is elaborated as to how the Will is fabricated. There is no Will according to the Caveator/Defendant. The affidavit points out as to how the Will cannot be said to be genuine and valid. 4. After having perused the Chamber Summons and the affidavit in support so also the reply and rejoinder, I am satisfied that at this stage the Caveat cannot be dismissed. It is not as if the allegations in the affidavit in support of the Caveat have to be substantiated by the Caveator/Defendant at this stage. Suffice it to state that the statements therein should raise an issue about the genuineness and validity of the Will. There are specific statements and allegations that the Will is fabricated. In such circumstances, the Chamber Summons is totally misconceived and is dismissed. Needless to state that this Court has merely dismissed the Chamber Summons but that does not mean that the merits of the controversy is in any way affected. All contentions and allegations of both sides in that behalf are kept open. The Chamber Summons is dismissed. 5. As far as the other reliefs in the Chamber Summons, it would be open for the Plaintiff to adopt appropriate proceedings. (S.C. DHARMADHIKARI,J.)