1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.78 OF 2010 IN ‘TESTAMENTARY PETITION NO. 331 OF 2009 Mrs. Harinder KaurKaur Sultan Singh Hazuria. ..Petitioner. Vs. Devinder Singh Darshan Singh Chawla. ..Respondent. Mr. A.R.Bapat for the Petitioner. Mr. D.R.Athawale for the Respondent. CORAM : R.S. MOHITE, J. DATE : 30.7.2010. PC : 1 This is a chamber summons for codonation of 298 days delay in filing the affidavit of service by the Caveator. I have heard the Advocate for the petitioner. No reply is filed on behalf of the respondent. It is mentioned in the affidavit that Citation was served without any annexures and in such circumstances, on 31.7.2001, the Advocate for the Caveator requested the Advocate for the petitioner to serve a copy of the petition along with all annexures. In such circumstances, since the Advocate for the petitioner did not furnish the copy of the petition, caveator’s Advocate addressed a letter dated 27.8.2009 to the Prothonotary & Sr.Master for extension of time to file affidavit in support of the caveat and thereafter some negotiations were going on between the parties. In April, 2010, caveator called upon his Advocate to 2 request the Advocate for the petitioner to give inspection of the alleged last will and there was some correspondence in this regard. That Caveator affirmed his affidavit on 28.4.2010 and the same is filed in this court on 24.5.2010. Taking into account all these facts as mentioned in the affidavit in support of the chamber summons and since there is no reply, chamber summons is allowed in terms of prayer clause (a). Office to number the petition. Suit to proceed. (R.S. MOHITE,J.)