Case Note & Summary
The judgment concerns a Chamber Summons filed by the applicants (caveators) seeking condonation of a 140-day delay in filing a caveat and affidavit in support of caveat in probate proceedings. The original petitioner opposed the application. The court examined the facts: citations were received by the caveators in Canada on 22 April 2013, and one of the applicants executed a power of attorney on 15/25 June 2013. The caveat was filed on 9 September 2013. The applicants claimed they were unaware of the proceedings and needed time to consult lawyers. However, the court noted that the applicants had legal advice and were aware of the proceedings earlier. The court found the explanation for the delay insufficient and dismissed the Chamber Summons, refusing to condone the delay.
Headnote
A) Civil Procedure - Condonation of Delay - Caveat - Limitation Act, 1963, Section 5 - Applicants sought condonation of 140 days delay in filing caveat in probate proceedings - Court held that the explanation for delay was not satisfactory as the applicants were aware of the proceedings and had legal advice - Delay not condoned (Paras 1-11).
Issue of Consideration
Whether the delay of 140 days in filing caveat and affidavit in support of caveat should be condoned on the ground of sufficient cause.
Final Decision
Chamber Summons dismissed; delay not condoned
Law Points
- Condonation of delay
- caveat
- probate
- limitation
- sufficient cause
Case Details
2014 LawText (BOM) (02) 115
Chamber Summons (L) No. 131 of 2013 in Petition No. 466 of 2010
Mr. Rupesh Lanjekar for the Applicants, Mr. T.G. Vora a/w Mr. D.R. Mishra i/b Ms. Bina Shivhare for the Respondents and Petitioner
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Nature of Litigation
Application for condonation of delay in filing caveat in probate proceedings
Remedy Sought
Condonation of 140 days delay in filing caveat and affidavit in support of caveat
Filing Reason
Applicants claimed they were unaware of the proceedings and needed time to consult lawyers
Issues
Whether the delay of 140 days in filing caveat should be condoned
Submissions/Arguments
Applicants argued that they were unaware of the proceedings and needed time to consult lawyers
Respondent opposed the application, stating that the applicants were aware and had legal advice
Ratio Decidendi
The explanation for delay was not satisfactory as the applicants were aware of the proceedings and had legal advice; hence, no sufficient cause for condonation.
Judgment Excerpts
By this Chamber Summons, applicants seek condonation of delay of 140 days in filing caveat and affidavit in support of caveat.
There is no rejoinder filed by the applicants.
Procedural History
Citations were received by caveators on 22 April 2013. Power of attorney executed on 15/25 June 2013. Caveat filed on 9 September 2013. Chamber Summons filed for condonation of delay.
Acts & Sections
- Limitation Act, 1963: Section 5
