Dr. Sukumar Nag Choudhury @ Chowdhury vs Unknown
2026 Latest Caselaw 1518 Cal/2

Calcutta High Court

Dr. Sukumar Nag Choudhury @ Chowdhury vs Unknown on 27 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-6                                                        ORDER SHEET


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

                         IA NO. GA/1/2026
                                 In
                            PLA/52/2025
                         IN THE GOODS OF
        DR. SUKUMAR NAG CHOUDHURY @ CHOWDHURY, DECEASED


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 27th February, 2026.

Appearance:

Ms. Malabika Roy Dey, Adv.(VC) For applicant in GA/1/2026 Mr. Urfan Ali Mandal, Adv.

For the petitioner

The Court: This is an application for condoning the delay and permitting

the applicant who is one of the daughters of the testator to lodge testamentary

caveat and to file an affidavit in support thereof. Although, the date of receipt of

the citation has not been stated in the application but it appears that the

special citation was issued to the applicant on 24 th November, 2025. The

propounder says that the special citation was received by the applicant on 3 rd

December, 2025. The propounder also objects to the prayer for extension of

time to lodge testamentary caveat and to file affidavit in support thereof as the

grounds cited for the delay are not bona fide.

Be that as it may, the time to lodge caveat and file affidavit in support

thereof can be extended in view of the provisions of Chapter XXXVIII Rule 46 of

the Original Side Rules of this Court. Although, the grounds for delay are not

only unsatisfactory but also unconvincing, yet for the ends of justice and

keeping in mind that the applicant is one of the daughters of the testator, the

time to lodge testamentary caveat along with Vakalatnama is extended till 10 th

March, 2026 and affidavit in support of such caveat, if filed within the

extended time shall have to be filed by 27th March, 2026. It is made clear that

no further extension of time shall be given.

In the event of default in filing the caveat or the affidavit in support of the

caveat no further opportunity shall be given to the applicant and consequence

shall follow.

Immediately upon filing of the caveat an intimation shall be given by the

advocate for the applicant to the advocate for the propounder. On the filing of

the affidavit in support of the caveat, a copy thereof with all legible annexures

shall also be served on the propounder and/or his advocate.

Since I have not called for any affidavit, the allegations contained in this

application are deemed not to have been admitted by the propounder.

Nothing further remains to be adjudicated in this application. The

application being GA/1/2026 is, accordingly, disposed of.

(ARINDAM MUKHERJEE, J.)

Sb/