mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 86 OF 2010 IN TESTAMENTARY SUIT NO. 5 OF 1995 IN TESTAMENTARY PETITION NO.683 OF 1994 Hewald Adrin Dias ....Petitioner/Plaintiff Vs. Mrs. Jeanette Mary Pereira ...Caveatrix/Defendant Mr. Denzil D’mello for Plaintiff None for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 1ST SEPTEMBER, 2010 P.C. : 1. The Caveatrix has taken out this Notice of Motion for setting aside the order dated 3rd November 2009 passed by this Court. After the Petition came to be filed the Citation was served and the Caveat was filed. The Petition was converted into Testamentary Suit, which came up for hearing. The pretrial formalities were not observed by the Caveatrix. The Petitioner was directed to undergo the pretrial formalities, which he complied. 2. The order dated 3rd November 2009 of Justice Mohta recorded how the Caveatrix’s Advocate was got discharged and how despite the affidavit of evidence and the affidavit of documents have filed by the Petitioner, the Caveatrix fail to appear to contest the suit. Consequently, the Petition was allowed. 3. Paragraph 4 of the affidavit in support of the Notice of Motion admits the fact that the affidavit of examination-in-chief by the Petitioner was served upon the Caveatrix in the month prior to the order being passed. The affidavit shows how certain Advocate did not appear for the Caveatrix. The Caveatrix has explained that she could not attend the Court in time because of her age. The reason given for not attending the Court on that date cannot be accepted. The Caveatrix is not present in Court even today, though this Notice of Motion is called out at 4.30 p.m. 4. The Notice of Motion is dismissed. 5. Probate shall be issued. (SMT. ROSHAN DALVI, J.)