1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.54 of 2008 IN Misc. Petition No.36 of 2008 IN Petition No.956 of 2007 B.M. Shah. .. ... Petitioner v/s. 1.Mr.K.P. Mehta, 2.Mr.V.M . Goradia 3.Mrs.Padmini S. Rao ... Respondents Mr.B.M. Shah, petitioner-in-person. Mr.N.G. Thakkar with Ms.K.A. Shah for respondent Nos.1 & 2. Mr.T.G. Vora i/by M/s.Sanjay Udeshi & Co. for Respondent No.4-Society. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 7th July 2008 P.C. : 1.The Petitioner claims that the probate granted in this Petition is liable to be revoked on the grounds, inter alia, that various suppression of material facts have been made and various statements, which are wholly untruthful, are stated. He has shown that he is a distinct relative of the deceased who has not been served the citation. The citation has only been published. He has a caveatable interest. He 2 could not file a Caveat as the citation was not served upon him. 2.Mr.Thakkar on behalf of the Petitioner concedes that since the citation was not served upon him as a relative of the deceased, the probate granted is liable to be revoked. Consequently, Misc. Petition No.36 of 2008 is made absolute in terms of prayer clause (I). Consequently, Notice of Motion No.54 of 2008 does not survive and is disposed of accordingly. 3.Mr.Bhupendra Shah in Misc. Petition No.36 of 2008 shall now be entitled to file a Caveat in Testamentary Petition No.956 of 2007. Since he has knowledge of all the proceedings in Testamentary Petition No.956 of 2007 and since he has taken out the above Misc. Petition No.36 of 2008, he is taken to have waived service of the citation. 4.It is clarified that he shall file a Caveat along with Affidavit- in-support thereof within 4 weeks from today. Upon such Caveat being filed, Testamentary Petition No.956 of 2007 shall be converted into a Testamentary Suit. [SMT.ROSHAN DALVI, J.]