IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.102 OF 2008 IN SUIT NO.52 OF 2007 IN PETITION NO.580 OF 2007 Smt.Shobha Ajay Dewoolkar .. Deceased Mr.Dattakumar Prabhakar Kulkarni .. Petitioner Vs. Shri Girish Indranath Dewoolkar and others .. Caveators Mr.D.G.Aras i/by Aras & Co for the petitioner. Mrs.A.S.Malvankar for the caveators. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 17th October 2008. : 17th October 2008. : 17th October 2008. P.C.: . Heard learned counsel appearing for the caveators in support of chamber summons and the learned counsel appearing for the petitioner who has opposed the chamber summons. The prayer in the chamber summons is for amendment of affidavit in support of caveat. The contention of the caveators is that a specific contention has been raised in the affidavit in support of the caveat and in particular in paragraph 9 thereof that the alleged Will in respect of which the probate is 2 sought is not genuine. It is contended that due to mistake and lapse on the part of the caveators, the material facts in support of contention that the alleged Will were not genuine were not incorporated in the affidavit in support of the caveat. It is, therefore, prayed that amendment be allowed. 2. The learned counsel appearing for the petitioner submitted that the petitioner has taken out Notice of Motion No.128 of 2007 praying for dismissal of the caveat on the ground that the caveators have no caveatable interest. He pointed out that the only dispute raised in affidavit in support was as regards the title of the property allegedly held by the deceased and there is already a suit on title filed by the caveators. He submitted that only after submissions were substantially heard in support of the said Notice of Motion, the present Chamber Summons has been taken out. It is submitted that there was only a vague assertion in the affidavit in support as regards genuineness of the Will. He, therefore, submitted that at this stage, the caveators cannot be allowed to amend the affidavit in support. 3. I have carefully considered the submissions. In 3 paragraph 9 of the affidavit in support of caveat, it is stated that "I also deny the genuineness and correctness of the said Will allegedly executed by the deceased". The contention which is sought to be raised by way of amendment is that the petitioner has fabricated several documents including the Will and signature appearing on the said Will is not the signature of the deceased. In the affidavit in support of the caveat there is a specific contention raised denying the genuineness of the Will executed by the deceased. In the circumstances, the Chamber Summons deserves to be allowed. However, it needs to be clarified that the contentions in the pending Notice of Motion are expressly kept open. The caveators will have to pay costs quantified at Rs.07,500/-. 4. The Chamber Summons is made absolute in terms of prayer clause (a) subject to caveators paying costs of Rs.07,500/- to the petitioner/plaintiff within a period of four weeks from today. Payment of costs will be a condition precedent. Amendment to be carried out within six weeks. The Notice of Motion shall be placed for hearing on 28th November 2008. 4 (A.S.Oka,J)