1 ch-summons-138 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Chamber Summons No.138 of 2010 IN Testamentary Suit No.46 of 1993 IN Testamentary Petition No.2 of 1993 Smt.Usha Shrikant Rege ... ... Plaintiff/ Petitioner v/s. Smt.Gauri Gajanan Rege ... Defendant/Caveator Ms.Anita Castelino i/by Jyoti N. Shah for Plff. Mr.Rohan Surve i/by Mr.Madhav Jamdar for Applicant/Caveator. ------ CORAM : SMT.ROSHAN DALVI, J. DATED : 24th January 2011 P.C. : 1.The Defendant has sought to raise three additional issues. One is relating to the maintainability of the Petition. The Petition is filed for Letters of Administration with the Will annexed. The executor under the Will is stated to have expired before filing of the Petition. The Petition is correctly filed. No issue is required to be framed relating to its maintainability. 2 ch-summons-138 2.The other issue is with regard to the delay of 19 years. The delay has to be explained as an incident of the execution of the Will itself. Long delay may itself be a suspicious circumstance, impeaching upon the validity of the Will. Proof of the execution of the Will is required to be first seen. The delay, if any, assumes secondary importance, if the Will is seen to be validly executed. (See Vasudev Daulatram Sadarangani vs. Sajni Prem Lalwani, 1982 (T.J.) 113). Hence the issue of delay need not be framed as a separate issue. 3.Counsel on behalf of the Defendant states that the third issue relating to entertaining the Petition is consequent upon the delay. It follows under the second issue. 4.The Plaintiff is allowed to amend the Plaint in terms of the draft amendment tendered. No further issue need be framed. The Plaintiff shall carry out the amendments within two weeks. Copy of the amendment is already served upon the Plaintiff. 5.The Chamber Summons is disposed of accordingly. (SMT.ROSHAN DALVI, J.) 3 ch-summons-138