P.L.A. No. 90 of 2008 IN THE HIGH COURT AT CALCUTTA TESTAMENTARY & INTESTATE JURISDICTION In the Goods of: - Late Agomoni Mukherjee To The Hon’ble Surinder Singh Nijjar, Chief Justice and His Companion Justices of the said Hon’ble Court. The humble petition of Sri Bikash Kumar Mukherjee, son of Late Mihir Kumar Mukherjee, residing at 15, Bhuban Dhar Lane, Kolkata-700012, the sole Executor named in the last will of the deceased above named deceased most respectfully S H E W E T H:- 1. The instant application has been necessitated due to the fact that none of the caveators has filed any affidavit in support of their respective caveat lodged by them in P.L.A. No. 90 of 2008 filed by your petitioner for obtaining the grant of probate of the last will and testament dated _______ of the deceased testatrix. 2. Your petitioner has been appointed the sole executor of the last will and testament dated _____ (hereinafter referred to as the said will) of the deceased testatrix. The petitioner is the elder son of the said deceased. Smt. Sikha Chakraborty is the daughter Mr. Debabrata Mukherjee is the younger son of the deceased testatrix. 3. The petitioner on _______ filed P.L.A. No. 90 of 2008 for obtaining the probate of the said will, annexing the said will in original. After the said application was filed and citation have been served by the Department of This Hon’ble Court on the said Smt. Sikha Chakraborty and Mr. Debabrata Mukherjee (hereinafter referred to as the caveators), they filed their respective caveats, through their respective learned advocates on _____ and ______. 4. The Learned advocates of the caveators, by their letters dated _______ and _______, respectively, requested the learned advocate of the petitioner to supply copy of the petition filed by the petitioner in P.L.A. No. 90 of 2008. The learned advocate of the petitioner served copies of the said petition upon both the caveators through their learned advocates on _________ and __________. A copy of the letter of such service, dated ________, by the learned advocate of the petitioner is annexed herewith and marked with the letter ‘A’. 5. None of the caveators has filed any affidavit in support of the said caveat lodged by them. The petitioner has duly enquired with the Department and it has been informed by the Department to the petitioner that no such affidavit has yet been filed. The department, on _______, in this regard has issued a certificate for non-filing of such affidavit by the caveator. A copy of the said certificate is annexed herewith and marked with the letter ‘B’. 6. It appears from the records that ____ days have passed and none of the caveators has filed any affidavit in support of the caveats lodged by them. In view of the original side Rules of the Hon’ble Calcutta High Court where a caveat is entered after an application has been made for grant of probate, the affidavit in support shall be filed within eight days of the caveat being lodged, notwithstanding the long vacation. 7. Inasmuch the said statutory period has already expired and no such affidavit in support of the caveat lodged by the caveators, the caveats lodged by the caveators may be discharged. 8. The petitioner sates that it appears from the conduct of the caveators by not filing any affidavit in support of the caveat lodged by them that the caveators do not wish to object to the prayers made by the petitioner in P.L.A. No. 90 of 2008. 9. In view of the aforesaid, the caveats so lodged by the caveators are required to be discharged. 10. Unless the orders are passed as prayed herein, your petitioner would suffer irreparable loss and serious injuries prejudice. 11. This application has been made bonafide and in the interest of justice. Your petitioner, therefore, humbly prays Your Lordships for the following orders: - (a) The caveats lodged by the said Smt. Sikha Chakraborty and Mr. Debabrata Mukherjee may be discharged; (b) Such other order or orders as This Hon’ble Court may deem fit and proper.