NEELAM GUPTA Vs. STATE & ORS.

JUDGEMENT

(1.) FAO 509/2011 & CM 21565/2011 (u/O XLI Rule 27 CPC).

(2.) PRESENT is an appeal under Section 299 of the Indian Succession Act, whereby the appellant has assailed the order dated 04.08.2011 passed by the learned ADJ, Delhi, whereby the probate petition filed by the appellant has been dismissed. Briefly, the facts relevant for the disposal of present appeal are as under: -

(3.) THE main ground on which the probate of the Will in question has not been granted to the appellant is that she has not examined any of the attesting witnesses to prove the Will. The ld. ADJ has held that the appellant was supposed to file the affidavit of at least one of the attesting witnesses in support of the petition whereas she has examined only herself, accordingly, the petition is dismissed for non -examination of one of the witnesses to the Will.