By this chamber summons filed by the petitioner, petitioner has prayed for vacating the Caveat filed by the respondents. Citation was served on Mrs Manu Shukla on 26th June 2012 and on Mr Suresh Atalrai Keshwani on 2nd July 2012, respondent No.2 and respondent No.1 respectively. Petitioner was called upon to furnish copy of the probate petition by Mrs Manu Shukla. Petitioner furnished copy of the probate petition. The petitioner through his Advocate's letter dated 19th July 2012, 23rd August 2012 and 31st August 2012, called upon the Caveator to provide copy of affidavit in support of the Caveat. There was no response to any of those letters.

Petitioner thereafter applied for certified copies of the Caveat and affidavit in support thereof. The petitioner at that stage came to know that Caveator has not filed affidavit in support of Caveat till date in the office of this Court. Though this chamber summons was taken out by the petitioner on 8th December 2012, no affidavit in reply has been filed by the Caveator.

2. Mr Jain, learned counsel appearing for the applicant invited my attention Rule 401 and 402 of Bombay High Court (Original Side) Rules which read thus:

R.401 :