Calcutta High Court
Krishna Murari Modi (Dec) vs Unknown on 22 June, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
ORIGINAL SIDE
GA No. 1570 of 2016
GA No. 1379 of 2016
PLA No. 21 of 1988
IN THE GOODS OF KRISHNA MURARI MODI (DEC)
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 22nd June, 2016.
Appearance:
Mr. Joyjit Ganguly, Adv.
Mr. Shuvasish Sengupta, Adv.
Ms. S. Sarkar, Adv.
Mr. U. Agarwal, Adv.
The Court :- GA No. 1570 of 2016 is an application for recording the death of the applicant seeking revocation of grant of probate and for setting aside of the abatement and consequential amendments in the pleadings.
Learned Advocate for the propounder submits that the delay is of 2822 days and, therefore, his client requires some time to use an affidavit.
In such circumstances, affidavit-in-opposition be filed within two weeks from date. Affidavit-in-Reply thereto, if any, be filed within a week thereafter.
List GA No. 1570 of 2016 three weeks hence.GA No. 1379 of 2016
This is an application for appointment of a handwriting expert made by a person seeking revocation of the probate already granted.
Learned Advocate for the propounder submits that the applicant seeking revocation is dead. An application for substitution has been made which is yet to be allowed. Therefore, the present application is premature.
Without prejudice to the rights and contentions of the parties the following directions for affidavits are given:-
Affidavit-in-opposition be filed within two weeks from date. Affidavit-in-Reply thereto, if any, be filed within a week thereafter.
List GA No. 1379 of 2016 three weeks hence.
(DEBANGSU BASAK, J.) snn.