D R GUPTA Vs. B B GUPTA

JUDGEMENT

(1.) I.A.No.10289/2011 By present application defendants Nos.2A, 2B, 2C and 2D, seek leave to place on record Will dated 31st January, 2006 executed by deceased, defendant no.2 in favour of his wife, defendant No.2A and also seek to delete the names of defendants No.2B, 2C and 2D from the array of parties.

(2.) NOTICE. Counsel for non-applicants, accept notice and submits that plaintiff has no objection if this application is allowed. Accordingly, defendants No.2B, 2C and 2D are deleted from array of parties and the Will of late Sh.S.B. Gupta, defendant no.2 is taken on record.

(3.) DESPITE service none had appeared on behalf of defendant nos.2 and 3 and they were proceeded ex parte by order dated 18th March, 2009. Defendant no.1 in his written statement inter alia pleaded that Will dated 26th November, 1977 of the mother was superseded by the Will dated 16th March, 1985 whereby the plaintiff was not given any share in the property.