Sriparna Biswas (Dec.) vs Unknown
2022 Latest Caselaw 2393 Cal/2

                             ORDER SHEET

OD-14



                 IN THE HIGH COURT AT CALCUTTA
            TESTAMENTARY AND INTESTATE JURISDICTION
                          ORIGINAL SIDE


                          IA NO.GA 1 OF 2022
                                   IN
                             PLA 316 OF 2021
                           IN THE GOODS OF:
                        SRIPARNA BISWAS (DEC.)




 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 9th September, 2022 Appearance:

Mr. Aniruddho Poddar, Adv.

Mr. Abhishek Singh, Adv.

For petitioner Mr. Soumen Das, Adv.

For caveator

The Court : Affidavit of service filed in Court today be taken on

record.

This is an application by the executor for discharge of the caveat

filed by one Amitabha Saha and one Tapas Kumar Saha. The executor

says that after filing of the caveat no affidavit in support of the caveat was

filed though time to file the same has long expired and no extension was

also sought for.

On behalf of the caveators it is submitted that after receiving the

citation, the caveat was lodged. However, after taking inspection of the

Will the caveators found nothing in the Will to be objected. The caveators,

therefore, did not file their respective affidavit in support of the caveat.

After hearing the parties and considering the materials on record

and the provisions of Chapter 35 of the Original Side Rules of this Court

as also the ratio laid down in the judgment reported in AIR 1955 SC 566

the caveats filed respectively by Amitabha Saha and Tapas Kumar Saha

stand discharged.

The application being GA 1 of 2022 is accordingly disposed of.

(ARINDAM MUKHERJEE, J.)

sb.