SWARAN LATA Vs. P P SHARMA

JUDGEMENT

(1.) By this order I propose to decide two applications, being I.A.Nos.10301 and I.A.No.10302/2006. The first application is filed by the petitioner under Order XIV Rule 5 read with Section 151 of the Code of Civil Procedure for re- framing the issues framed by this Court on 4th August, 2006. The second application is filed by the respondent under Section 114 and under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure for review and recall of order dated 4th August, 2006 praying that the petitioner's application for revocation of the Will in question be disposed of on the basis of the documents on record.

(2.) On 4th August, 2006, the following issues were framed for consideration on the pleadings of the parties:- I. Whether the petitioner is entitled to the revocation of the grant of letters of administration issued to the respondent by a judgment and order of this Court dated 2.3.2005 in Probate Case No.34/1988 under Section 263 of the Indian Succession Act, 1925 for the reasons set out in the petition"OPP II. To what relief, if any, is the petitioner entitled" OPP

(3.) After framing the aforesaid two issues on 4th August, 2006, the case was listed for filing of additional documents, if any, list of witnesses and affidavits by way of evidence on 21st September, 2006. However, before the said date, the aforesaid two applications were filed by the parties.