IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.55 OF 2008 IN TESTAMENTARY SUIT NO.79 OF 2007 IN TESTAMENTARY PETITION NO.635 OF 2007 Dinkar Vasant Keny .. Petitioner Vs. Mrs.Neelam Bhalchandra Vaithy .. Caveatrix Mr.S.L.Desai i/by R.S.Desai for the petitioner in support of Chamber Summons No.55 of 2008. Mr.Mahendra Rathod i/by V.M.Jahveri for the caveator in support of Chamber Summons No.88 of 2008. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd October 2008. : 03rd October 2008. : 03rd October 2008. P.C.: . Heard learned counsel appearing for the petitioner in support of chamber summons and the learned counsel appearing for the caveatrix in opposition of chamber summons. The prayer in this chamber summons is for dismissing the caveat on two grounds. The first ground is that caveat and affidavit in support has been lodged belatedly contrary to Rules 401 and 402 of the Bombay High Court Original Side Rules. The second ground is that the caveatrix is accustomed to sign only 2 in Marathi language but caveat and affidavit in support are signed by her in English language. 2. As far as first ground is concerned, the same cannot be considered as by separate order passed today, delay in lodging the caveat and the affidavit in support has been condoned. As far as second ground is concerned, merely because the caveatrix has signed the caveat in English language is no ground to doubt the signature on the caveat and the affidavit in support at this stage. Merely because other documents have been signed by the caveatrix in Marathi language, it is no ground to reject the caveat. Hence, there is no merit in the chamber summons and the same is accordingly dismissed. (A.S. Oka,J)