KAVITA KANWAR Vs. STATE

JUDGEMENT

(1.) Present is an appeal under section 299 of the Indian Succession Act, 1925 (hereinafter referred to as "the Act") wherein challenge has been made to the judgment dated 23.11.2009 passed by the ld.Addl. District Judge in Probate Case no.465/2006 whereby the probate petition filed by the appellant has been dismissed.

(2.) Briefly the facts relevant for disposal of the present appeal are as under:-

(3.) Respondent no.2 initially did not file any objections to the petition or written statement before the ld.ADJ. Later on when the case was at the stage of evidence, respondent no.2 sought permission to file written statement which was dismissed vide order dated 3.7.2008 passed by the ld.ADJ. However, respondent no.2 continued to contest the matter.