Order on chamber summons seeking condonation of delay in filing affidavit in support of a caveat. Court accepted explanation conditional on payment of costs and directed conversion of petition into suit upon proof.
Condonation of delay granted conditionally upon payment of Rs. 10,000 costs to petitioner.
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42-CST17.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
T. & I. J.
CHAMBER SUMMONS NO. 17 OF 2013
IN PETITION NO. 497 OF 2011
Purushottamdas Amichand Patel ..... Deceased Henit Mahendrabhai Patel ..... Petitioner VERSUS Mrs.Smita V.Mehta ..... Respondent/ Caveator
Mr. Rajkumar N.Bhawsar for the Applicant/Caveatrix.
Ms.Aparna Devkar, i/b. M.P.Vashi & Associates for the Respondent/Petitioner in Test.Ptn.No. 497 of 2011.
CORAM : R.D. DHANUKA, J.
DATED : 1st OCTOBER, 2013
P.C.
By this chamber summons, caveator seeks condonation of delay of 284 days in filing affidavit in support of the caveat. It is the case of the caveator that citation was served on 27th February 2012 whereas caveator as well as affidavit in support were drafted and were affirmed on 3rd April, 2012. Though caveat was filed in this court, inadvertently affidavit in support of the caveat was not filed. Applicant had filed Chamber Summons (65 of 2012) in this court interalia praying for condonation of delay of in filing of caveat. Since office of this court raised objection that number of days disclosed in the chamber summons was not correct and there was delay of more than 284 days the said chamber summons was allowed to be withdrawn with liberty to file fresh chamber summons.
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42-CST17.13
1 issue framed by the court
Whether condonation of delay in filing affidavit in support of a caveat is acceptable upon explanation and payment of costs.
Henit Mahendrabhai Patel
Mrs. Smita V. Mehta
R.D. DANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
