(1.) Originally, OP.No.798 of 2016 had been filed by the Plaintiff, Ajit Kumar, against six Respondents, namely, Arun Kumar, Anil Kumar, Anand Kumar, Dr.Ajoy Kumar, Ashok Kumar and Ashwin Kumar, seeking grant of Probate in respect of the Will, dated 09.11.2004 in common form.
(2.) Since the 2nd Respondent had filed a caveat, dated 17.03.2017, the OP.No.798 of 2016 was converted into TOS.No.17 of 2017. Pursuant to the caveat filed by the 2nd Respondent, the other Respondents had filed their consent affidavits. Thus, 2nd Respondent in the OP alone is the contesting Defendant in the TOS.
(3.) The case of the Petitioner as stated in the OP is as follows:-