B.H.MARALAPALLE, J.

1. This intra court appeal arises from the order dated 07.07.2006 passed in Notice of Motion No. 16 of 2006 in Suit No. 17 of 2003 arising from Petition No. 4 of 2003. The ex-parte decree of dismissal of Caveat passed on 6th November, 2003 has been set aside by condoning the delay caused in filing the Notice of Motion and the original Plaintiff / present Appellant was directed to pay costs quantified at Rs. 25,000/. Prayer (a) and (b) to the exclusion of prayer (c), in the notice of Motion were allowed by the impugned order.

2. The Appellant had filed Petition No. 4 of 2003 in the Original Side of this Court for getting the Probate of Will and Codicil left behind by his close friend Shri. Ram Kumar Kapur who died on 02.10.1998. The testator was survived by two children i.e. daughter by name Ms. Sonia Kapur and son by name Mr. Sunil Kapur – both major. Both the children were cited in the petition and as per the Petitioner, the citation was served. However, only the daughter, on serving of the citation, had filed Caveat in the Probate Petition. Thereafter, the Plaintiff took out Chamber Summons No. 474 of 2003 and prayed for dismissal of the Caveat. In t