A K SABHARWAL Vs. STATE

JUDGEMENT

(1.) By way of this petition under Section 276 of the Indian Succession Act, 1925, petitioner seeks probate of Will dated 19August, 1983 left behind by Late Shri Mohan Lal L. Bajaj (hereinafter referred to as "the deceased").

(2.) Petitioner is one of the executors of the said Will. Respondent nos. 2 to 4 are sons; whereas respondent nos. 5 and 6 are daughters of the deceased. None of the respondents have filed objections to the grant of probate. On the contrary, respondent nos. 2 to 4 have filed affidavits in evidence thereby acknowledging the genuineness and correctness of the Will dated 19August, 1983 as well as Codicil dated 18October, 1983 executed by the deceased. They have also been cross-examined by the petitioner's counsel in order to identify the signatures of the testator and witnesses on the Will and Codicil.

(3.) It is alleged in the petition that the deceased had executed a Will dated 19August, 1983. Subsequently, another Will dated 4October, 1983 was executed by the deceased. However, the subsequent Will dated 4October, 1983 was revoked by the testator/deceased vide Codicil dated 18October, 1983. Thus, Will dated 19August, 1983 was the last Will and Testament of the deceased. Will dated 19August, 1983 was executed by the testator in the presence of Shri Vinod Kumar and Shri Y. Vasudeva Rao, who had appended their signatures thereto as witnesses. Petitioner was surprised on receiving summons to appear in Court in Probate Case No. 52/1987 to prove Will dated 4October, 1983. Petitioner filed an application under Order 1 Rule 10 (2) read with Section 151 CPC in the said case in order to bring to the notice of the Court that Will dated 4October, 1983 had been revoked and, in fact, Will dated 19August, 1983 was the last Will of the deceased and it is this Will which was to be probated. However, during the course of hearing of the said application, it was pointed out that a separate case has to be filed by the petitioner to obtain probate of Will dated 19August, 1983. Accordingly, present petition has been filed.