Namitha Samanta (Dec.) vs Unknown
2026 Latest Caselaw 836 Cal/2

Calcutta High Court

Namitha Samanta (Dec.) vs Unknown on 12 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-5

                               ORDER SHEET

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

                              IA NO. GA/1/2026
                               In PLA/10/2025

                            IN THE GOODS OF:
                          NAMITHA SAMANTA (DEC.)

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 12th February, 2026

Appearance:

Mr. Chayan Gupta, Adv. (vc) Mr. Parashar Baidya, Adv.

...for the applicant

Mr. Surajit Samanta, Adv.

Ms. Smrutilekha Das, Adv.

...for the caveator

The Court: This is an application for discharge of caveat on the

ground that a testamentary caveat was lodged on 4th September, 2025

pursuant to the citation being issued to the objector. The objector has,

however, not filed any affidavit in support of the caveat as required under

the provisions of Chapter XXXV Rule 25 of the Original Side Rules of this

Court. Although, a time period of eight days is mentioned in Rule 25 under

Chapter XXXV for filing of the affidavit in support of caveat but the same is

not a mandatory or absolute provision debarring an objector from filing an

affidavit in support of the caveat beyond eight days. Rule 46 of Chapter

XXXVIII of the Original Side Rules provides for enlargement of time.

The objector is represented by her advocates. An application for

condonation of delay by showing grounds for the delay can be invited from

the objector but the same will only delay the proceedings. Unless the delay

is found to be mala fide or not satisfactorily explained the extension of time

to file affidavit in support of caveat cannot be disallowed.

In order to expedite the matter and for the ends of justice, this

application is disposed of by allowing the objector namely Shubha Samanta

to file her affidavit in support of the caveat by 20th February, 2026 failing

which her right to file affidavit in support of the caveat will stand forfeited

and the caveat shall automatically stand discharged without any further

order. In the event the affidavit is filed within the time frame provided, the

matter will assume a contentious character. The department in such a

situation after scrutinising the record shall allot a testamentary suit number

to the probate proceedings being PLA/10/2025 by treating the application

for grant of probate as the plaint and the affidavit in support of the caveat as

the written statement for the testamentary suit to be heard as far as

practicable as a regular suit.

Nothing further remains to be adjudicated in this application. The

same is accordingly disposed of.

(ARINDAM MUKHERJEE, J.)

S.Mandi