SUDHIR KUMAR KOHLI Vs. STATE

JUDGEMENT

(1.) This is the second call. Nobody has appeared for the contesting respondent.

(2.) Arguments heard.

(3.) This is an appeal arising out of the order dated 5.5.2009 passed by the learned ADJ whereby while considering the probate petition filed by the appellant (P.C. No. 183/2007) after holding that the Will in question relied upon by the appellant executed by the deceased testator i.e. his father was duly executed and valid in law, the learned ADJ refused to grant probate to the appellant on the ground that since part of the property in question was already gifted to him prior to the death of deceased testator, the Will become irrelevant and, therefore, the probate could not be granted. The relevant discussion by the learned ADJ in this regard reads as under: