- (1.) Heard Sri Pratik J. Nagar, learned counsel for the petitioner and Sri Shashi Nandan, Senior Advocate, assisted by Sri S.C. Tiwari, for the respondent. Petitioner Gagan Arora, has applied for grant of Letters of Administration to the estate of the deceased Suraj Prakash with the Will annexed.
(2.) On behalf of Ravi Kumar Sachedeva, son of the deceased a caveat was filed on 17.3.2012. Thereafter on 29.3.2012 he filed an application to vacate the interim order alongwith written statement with his affidavit.
(3.) Sri Prateek J. Nagar, learned counsel for the petitioner has raised an objection that as objections were not filed within 14 days of the caveat supported by an affidavit, the respondent is not entitle to contest the proceedings. Rule 35 of Chapter XXX of the Rules of the High Court contemplates for filing of caveat on behalf of the person, who proposes to oppose the grant of probate or Letters of Administration. Rule 36 provides that where a caveat is entered after the filing of the petition for grant of Letters of Administration or probate, objections supported by affidavit shall be filed within 14 days of the caveat being lodged.;