OD-35 ORDER SHEET IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE PLA/406/2023 IA NO: GA/1/2024 IN THE GOODS OF:

GURU PRASAD BRAHMA, DECEASED BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: February 17, 2025.

Appearance:

Mr. Roibai Banerji, Adv.

… for the petitioner.

Mr. Shayak Mitra, Adv.

Ms. S. Sha, Adv.

…for the caveatrix The Court: Mr. Roibat Banerji, learned counsel, is appearing for the petitioner.

Mr. Shayak Mitra, learned counsel, is appearing for the caveatrix. The petitioner has filed an application being GA/1/2024 praying for discharge of the caveat.

Counsel for the petitioner submits that the caveatrix has filed the caveat on 17th May, 2024 but no notice of caveat was issued to the petitioner either by the learned advocate appearing for the caveatrix nor by the Learned Registrar, Original Side of this Court. He submits that as per Rule 25 of Chapter XXXV of Original Side Rules of this Court, the caveatrix has to file affidavit in support of caveat within eight days but that has not been done.

Counsel for the petitioner relied upon Rule 26 of Chapter XXXV and submits that in the said Rule also the eight days have been provided for service of notice