S.Jagadeesan, J.

The appellant filed O.P.97 of 2001 for the issue of probate in respect of the Will executed by CT.RM.CT. Chidambaram Chettiar. On behalf of the respondent, her counsel filed vakalat on 23.7.2001. Thereafter on 24.7.2001 the respondent filed Caveat Petition No.158 of 2001 under Section 148-A of C.P.C. Since the necessary affidavit, as prescribed under the Original Side Rules, was not filed in time, the respondent filed Application No.1021 of 2002 on 21.2.2002 to condone the delay of 229 days in filing the affidavit. The said application was ordered by the learned Judge by order dated 29.4.2002. Against the said order of the learned Judge, the appeal has been filed.

2.The contention of the learned senior counsel for the appellant is that in a probate proceeding under the Original Jurisdiction of this court, only the procedure prescribed under the Original Side Rules is applicable. In respect of filing Caveat, Order XXV of the Original Side Rules deals with the procedure. Hence the filing of Caveat by the respondent under Section 148-A of C.P.C cannot be considered to be a Caveat in respect of the probate proceedings initiated by the appellant. Hence, in the