Swapan Kumar Chakraborty vs Unknown
2026 Latest Caselaw 793 Cal/2

Calcutta High Court

Swapan Kumar Chakraborty vs Unknown on 11 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-20                                                   ORDER SHEET


                  IN THE HIGH COURT AT CALCUTTA
             TESTAMENTARY AND INTESTATE JURISDICTION

                              IA No. GA/1/2025
                                      In
                                PLA/432/2024


                         IN THE GOODS OF:
               SWAPAN KUMAR CHAKRABORTY, DECEASED



BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 11th February, 2026.
                                                                    Appearance:
                                                       Ms. Gargi Goswami, Adv.
                                                        Mr. Soumojit Saha, Adv.
                                                    For applicant in GA/1/2025
                                                  Mr. Emon Bhattacharya, Adv.
                                                     Mr. Subhankar Dutta, Adv.
                                                  For respondent in GA/1/2025

The Court:- Affidavit-in-opposition filed in Court today is taken on

record.

Affidavit-in-reply had been filed in the department. The said

affidavit-in-reply is on record but no ledger number appears to have been

prescribed to the same. Be that as it may, the reply is considered to be on

record.

This is an application inter alia for condoning the delay in filing the

testamentary caveat. The special citation was despatched by the office of the

Deputy Sheriff of Kolkata on 7th August, 2025.

The delay in filing the caveat to object to the grant can be

condoned in view of the provisions of Chapter XXXVIII Rule 46 of the

Original Side Rules of this Court. The delay, according to the applicant is of

69 days.

The petitioner in PLA/432/2024 being the main application for

grant of probate has vehemently objected to the extension sought for by the

applicant.

After hearing the parties and considering the materials on record, I

find that the grounds of delay shown by the applicant are far from being

satisfactory. However, at this stage only for the ends of justice, leave is

granted to the applicant to lodge the testamentary caveat in the department

by 17th February, 2026. The affidavit in support of caveat shall be filed

within 25th February, 2026.

Nothing further remains to be adjudicated in this application. The

application being GA/1/2025 is accordingly disposed of.

(ARINDAM MUKHERJEE, J.)

Sb/