1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.110 OF 2008 IN TESTAMENTARY PETITION NO.863 OF 2007 Shyambali Dhondu Choudhary .. Petitioner Versus Kamlakar Dattu More & Ors. .. Caveators Mr.S.N.Manoti for petitioner Mr.A.Patki for Caveator. CORAM : S.C.DHARMADHIKARI, J. DATE : 21st November 2008 P.C. . This is a caveator’s chamber summons for condoning the delay in filing affidavit in support of the caveat. In the affidavit in support of this chamber summons it is contended that the caveat was duly filed and lodged in this Court but the caveators are illiterate and could not contact the Advocates for immediately taking steps to file any affidavit in support of the 2 caveat. They were unaware of the procedures in that behalf. They belong to Adivasi (Warli) community. 2. On the other hand the petitioner contends that there is no satisfactory explanation much less sufficient cause for the delay. 3. Having perused the affidavits in support and reply to this chamber summons, I am satisfied that in the peculiar facts of this case, the delay deserves to be condoned. Accordingly, the chamber summons is made absolute in terms of prayer clause (a) and if the affidavit in support of caveat is filed within two weeks from today, the same shall be accepted, failing which the caveat shall stand dismissed without further reference to the Court. 3 (S.C.Dharmadhikari, J)