Anjani Kumar Mishra, J. - (1.) AN application under section 151 of Civil Procedure Code (Paper A -9) is up for consideration. By means of this application the petitioners have prayed for discharge of caveat filed in the instant Testamentary Case. The Testamentary Case under section 272/278 of the Indian Succession Act read with Chapter XXX, Rule 6 and 7 of the Rules of the Court was filed seeking Letters of Administration to the estate of late Sarla Shukla with the will dated 31.3.2012 annexed thereto.
(2.) IT appears that on the receipt of notice a caveat was filed on 23.8.2014. This caveat is supported by an affidavit. It has been contended by learned Counsel for the petitioners, Sri Manish Goyal, that Rule 36 of Chapter XXX of the Allahabad High Court Rules, 1952 provides that where a caveat is entered after an application has been made for grant of probate or letters of administration, an objection supported by affidavit shall be filed within fourteen days of the caveat being lodged.
(3.) THE aforesaid Rule 36 also provides that such objection shall state the right or interest of the caveator and the ground of objection to the application for grant of probate or letters of administration. He submits that this objection which was necessarily required to be filed within a period of fourteen days has not been filed till date. Therefore, in view of Rule 38 the caveat is liable to be discharged.;