- (1.) This is an application for revocation of the affidavit filed in support of the caveat.
(2.) Learned Advocate appearing in support of the application draws the attention of the Court to the averments made in the affidavit filed in support of the caveat. He submits that the caveator in the affidavit in support of the caveat stated that, the Will, the probate of which is sought for, is not the last Will of the deceased. He relies upon A. I. R. 1946 Calcutta 40 (Sm. Usharani Roy Versus Sm. Hemlata Roy) and submits that, the caveat ought to be discharged. According to him the caveator is not contesting the Will itself. There is no averment in the affidavit in support of the caveat that the questioning the validity or legality of the Will probate of which is sought for.
(3.) Moreover, the caveator is yet to apply for probate of the alleged subsequent Will that the caveator speaks of in his affidavit in support of the caveat. Therefore, in absence of these two factors and taking into consideration the ratio laid down in Usharani Roy (Supra) the caveat filed by the caveator should be discharged.;