JUDGMENT :

1. The petitioner Indrani Ghosh has filed the instant application being G.A. No. 1 of 2019 in PLA No. 74 of 2019 praying for leave to lodge caveat and affidavit-in-support of caveat by condoning the delay of 17 days. The brother of the petitioner, Shri Bhaskar Basu had filed an application for grant of probate of the last Will and Testament dated 3rd May, 1995 of the deceased Ganadeb Basu. After filing of the application being PLA No. 74 of 2019, citation was served upon the petitioner at 16702, Chestnut Meadow Court, Sugar Land, Texas-77479, USA on 26.09.2019. On receipt of citation at USA, the applicant reached Kolkata on 06.12.2019.

2. After reaching Kolkata, the applicant has filed the instant application on 9th December, 2019. The petitioner has received citation on 26.09.2019 and thus the applicant had to lodge caveat within eight weeks from the date of receipt of Citation i.e. on 21.11.2019 accordingly there is a delay of 17 days.

3. Learned Counsel for the petitioner submits that the petitioner is an aged lady and is residing at USA for years together along with her husband who is also old age person and after getting Citation, the petitioner had managed to travel to India after the husband of the petitioner was declared medically fit to travel on 4th December, 2019.

4. Learned counsel for the petitioner submits that immediately after reaching Kolkata on 6th December, 2019, the petitioner had consulted with her advocate and had filed the instant application on 9th December, 2019.

5. In her application, the petitioner had stated that her father Ganadeb Basu had never executed the alleged Will on 3rd May, 1995. The petitioner further stated in her application that the alleged Will is a forged and fabricated document and her father had never been to the office of the Registrar of Assurance, Kolkata or affix his signature over the said Will.

6. Learned Counsel for the applicant submits that due to the unavoidable circumstances, the applicant could not file her caveat within the prescribed time and if the delay of 17 days is not condoned, the petitioner will be badly prejudiced.

7. The respondent had filed affidavit-in-opposition by enclosing an affidavit executed by the applicant before the Oath Commissioner of this Court on 19th July, 2019 wherein the applicant has affirmed the following :

“I, Smt. Indrani Ghosh wife of Sri Prabhat Rabi Ghosh by creed Hindu by occupation house wife, aged about 60 years, resident of No. 16 702, Chestnut Meadow Court, Sugar Land, Texas – 77479, U.S.A. at present residing at No.121/1B, Bidhan Sarani, Kolkata – 700 004, do hereby solemnly affirm and say as follows :

1. That Ganadeb Basu, since deceased was my father.

2. That my father said Ganadeb Basu died on 19.03.1998 after making and publishing his last will and testament dated 3rd May, 1995 duly executed and registered on 3rd May, 1995 in the office of the Registrar of Assurance Recorded in Book No. III, Volume No. 1, pages 361 to 376 Being No. 55 for the year 1995 whereby and where under he appointed his son only, Sri Bhaskar Basu as the sole executor. The said Executor namely Sri Bhaskar Basu is my only younger brother.

3. That I do hereby give my full consent and I shall have no objection in any manner if the probate of the said Will of the deceased above named he granted in favour of Sri Bhaskar Basu as Executor and I also waive service of any citation or notice to me. I have got my passport issued by competent authority, a copy of which is annexed and marked “A”.

4. That the Statements made in the foregoing Affidavit are all true to my knowledge.

8. In the said affidavit, a copy of passport is also enclosed with the signature of the applicant.

9. Learned Counsel for the respondent submits that the