IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER SUMMONS NO.117 OF 2008 IN TESTAMENTARY SUIT NO.55 OF 1999 IN TESTAMENTARY PETITION NO.841 OF 1991 Mrs.Dulcina Rosario ..... Plaintiff V/s. MR.Alexander Pereira ..... Defendant Mr.A.R.Shaikh, for the plaintiff. Mr.Aras, for the Caveator. CORAM: R.Y.GANOO, J. DATED: 30TH JANUARY, 2009. P.C. 1. Affidavit-in-reply has been filed to the Chamber Summons. Heard the learned counsels on both the sides. This chamber summons is taken out to carry out the amendment to the affidavit in support of the Caveat as set out in the affidavit in support of the chamber summons. The learned counsel for the plaintiff states that the facts stated in the Schedule are not relevant for the purpose of deciding the point involved in the Probate Petition. Hence, the chamber summons should be rejected. 2. In my view, at this juncture one may not go into the details of the averments set out in the Schedule. Liberal view will have to be taken to enable the defendant No.1 to put his say in the affidavit. Needless to mention at the time of framing of the issues, appropriate consideration will be applied. Hence, I am inclined to allow this chamber summons. Thus, the order. : O R D E R : 1. The Chamber summons is made absolute in terms of prayer clause (a). 2. Defendant No.1 to amend the affidavit in support of the Caveat in terms of the Schedule on or before 16-02-2009. Serve upon the plaintiff amended copy of the affidavit in support of the Caveat on or before 24-02-2009. Suit set down for directions on 02-03-2009. 3. The connected Testamentary Petition No.520 of 1995 be also shown on board along with this Testamentary Suit No.55 of 1999 on 02-03-2009. ( R.Y.GANOO, J. )