1 JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO. 15 OF 2010 IN SUIT NO. 7 OF 1997 IN PETITION NO. 444 OF 1996 Mrs. Gitu L. Sahani & Ors. ... Plaintiffs. V/s. Gulab Manik Makhijani. ... Defendant. And Mrs. Gunvanti alias Jyoti Ramchand Advani. ... Applicant. Ms. Prachi Khandge i/b. M.P. Vashi for the Plaintiffs. Ms. R.C. Nichani for Defendant 1 - Caveator. Ms. A.S. Malvankar for the Applicant. CORAM : R.Y. GANOO, J. DATED : 02nd JULY 2010. P.C. :- This Chamber Summons is filed by one Mrs. Gunvanti Advani who claims to be an heir of deceased Smt. Parpati Manik Makhijani. The Defendant Gulab Makhijani has filed affidavit in reply opposing the said Chamber Summons. The Plaintiff has not filed the affidavit in reply. 2 2. Heard learned Advocates on both sides. Reading of the affidavit in support of the Chamber Summons goes to show that the caveat alongwith affidavit in support of the Chamber summons dated 14th February 1997 was filed by the very Applicant. Record further shows that the said caveat was under objection and therefore, the said caveat was not acted upon. The Applicant has now filed a caveat which may be termed as a second caveat. 3. This Chamber Summons was opposed by the learned Counsel for the Plaintiffs orally without filing affidavit in reply. It was also opposed by the learned Advocate for the Defendant. Both the Advocate for the Plaintiffs and the Defendant oppose the same on the ground that the Caveator/Applicant was not diligent in attending to the matter and therefore, the Chamber Summons should be rejected. 4. I have considered this point. It is not in dispute that the present Applicant is an heir of the deceased. May be that the earlier caveat has not been attended to but the delay, if any, cannot be attributed to the present Applicant as the Applicant being a lady will have to be treated as not very much 3 conversant with the procedure of law. In my view, in order to give full opportunity to the present Applicant to place her case before the Court and to resolve the dispute finally, the caveat is required to be considered. 5. Hence, following order is passed to dispose of this Chamber Summons :- (i) The Chamber Summons is made absolute in terms of prayer clause (a). (ii) Affidavit in support of the present Chamber Summons be treated as a caveat on behalf of the present Applicant. (R.Y. GANOO, J.)