1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION CHAMBER SUMMONS NO.98 OF 2008 IN TESTAMENTARY SUIT NO.42 OF 2007 IN TESTAMENTARY PETITION NO.80 OF 2007 Radheshyam Chhotelal Shah .. Petitioner Versus Suresh Krishnaji Salkade & Ors. .. Respondents Mr.R.V.Bansode for plaintiff/petitioner in support. CORAM : S.C.DHARMADHIKARI, J. DATE : 5th August 2009. P.C.: 1] Perused the chamber summons, affidavit in support and reply. The chamber summons is to file an additional/ further written statement. That is in furtherance of the caveat/ affidavit in support already on record. It is stated in affidavit in support that the Caveator has dealt with only the statements in the will and inadvertantly not dealt with the averments in the Testamentary Petition which is now converted in the suit. For these reasons, the additional written statement may be permitted is the plea of 2 the learned Advocate appearing in support of the chamber summons. 2] On the other hand, it is stated on behalf of the petitioner Radhesham Chotelal Shah that the power of attorney in favour of the power of attorney holder who has moved this chamber summons is no longer valid and, therefore, the power of attorney holder could not have moved this chamber summons. Secondly, it is stated that there is a suit filed in the Court of Small Causes and in the light of the pendency of the same, this chamber summons should not be entertained. 3] Having perused the affidavit in support and reply and since on the last occasion, the power of attorney holder had produced the original power of attorney, I do not see as to how the chamber summons can be dismissed. The second contention is that if the chamber summons is allowed, it would mean that the petitioner/ plaintiff would have no opportunity to seek dismissal of the caveat. This plea also is misconceived inasmuch as while allowing the chamber summons, this Court can always pass appropriate orders and directions keeping in tact the remedy of the petitioner. 3 4] In such circumstances, while granting liberty to petitioner/ plaintiff to initiate appropriate proceedings for dismissal of the caveat and leaving open all contentions therein, this chamber summons is made absolute in terms of prayer clause (a). No costs. Amendments to be carried out within two weeks from today. Amended written statement be served within two weeks thereafter. (S.C.DHARMADHIKARI, J)