- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.49 OF 2008 IN TESTAMENTARY PETITION NO.1009 OF 2007 Jamnadas Laxmidas & anr. ...Petitioner V/s. Narayandas Mathuradas of Mumbai ...Caveator Mr.A.Kamat a/w Ms. S.K.Sharma for the petitioner Mr.Snehal Shah a/w Ms. Dipti Das i/by Duttmenon Dynmorrsett for the Caveator CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J CORAM: SMT.ROSHAN DALVI, J 14th July, 2008 14th July, 2008 14th July, 2008 P.C. P.C. P.C. . This Chamber Summons is taken out by the Caveator for condoning the delay if any of 46 days in filing the Caveat. 2. The Caveat was filed on 15-1-2008, which was one day after the service of the Testamentary Petition upon the Caveator. Until that time the citation had not even been served upon the Caveator. I am told that the Caveator derived knowledge of the filing of the petition on the internet and called for service. It having been served, he immediately filed caveat. The service of the citation was, therefore, merely a formality under Rule 401 of the High Court Rules. 3. Nevertheless, the Caveator did not file his - 2 - affidavit in support of the Caveat within the time prescribed under Rule 402 of the High Court Rules. The citation itself was served on 25-3-2008. By that time the affidavit in support of the Caveat was also filed on 10-3-2008. 4. Consequently, in this case the caveat as well as the affidavit in support of the caveat had been filed even prior to the citation. Rules 401 and 402 are, therefore, sufficiently complied. 5. It is contended by the office of this Court and also by the Petitioner that these rules are not strictly complied in as much as the Caveat had to be filed within 14 days of service of the citation and was filed and the affidavit in support of the Caveat had to be filed within eight days of the Caveat being filed. 6. The Caveator has applied for condonation of delay, if any. The affidavit in support of the Caveat would be received by the Court even after the expiry of eight days upon the order of the Judge in Chambers. It is for this order that this application is taken out. The purpose and object of Rules 401 and 402 is to see that the opposition to the grant is not needlessly delayed. Even if it is delayed by more than the time specified in the Rules, the delay is condonable at the discretion of the Court if it is seen to be bonafide. In this case no malafides are shown. Infact the - 3 - petition is not delayed. The opposition to the grant of Caveat or the letters of administration is made with the quickest expedition. The delay, if any, is, therefore, condoned. 7. Chamber Summons disposed off accordingly. 8. The affidavit in support of Caveat is taken on record. (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J) (SMT.ROSHAN DALVI,J)