Application by the petitioner in O.P. No. 155 of 1964 and plaintiff in T.O.S. No. 14 of 1964 to strike-off the written statement filed by the respondent Ellappa Chettiar. The applicant filed O.P. No. 155 of 1964 for grant of letters of administration with the will of Puzhal Sami Chettiar annexed limited to the properties bequeathed to Tulukanammal. I ordered notice to Veerammal, Ellappa Chettiar, Vembuli Ammal and Ellammal among the persons mentioned in paragraph 13 of the petition as next of kin according to Hindu Law. Ellappa Chettiar entered caveat on 10th July, 1964, and it was taken on file on 24th July, 1964. On 24th September, 1964, I passed orders discharging the caveat under Order 25, rule 54, Original Side Rules, as Ellappa Chettiar failed to file an affidavit in support of the caveat within eight days as required by the Rules. The learned Advocate for Ellappa Chettiar brings to my notice that he had filed the necessary affidavit on 1st August, 1964, that it was ordered to be returned on 10th August, 1964, and that he did not take it back and re-present it. He merely filed an affidavit on 27th October, 1964. On the strength of this affidavit the First Assistant