IN THE MATTER OF GOODS OF LATE RANI INDRA MOHINI, DECEASED, OF SAHASPUR BILARI, DISTRICT MORADABAD Vs. YUVRANI REENA KUMARI

JUDGEMENT

(1.) WE have heard Shri Ajeet Kumar, learned Counsel for the caveator/defendant. Shri Navin Sinha, Sr. Advocate assisted by Shri Rahul Sahai appears for the plaintiff.

(2.) THE Testamentary Case No. 1 of 2007, registered as Testamentary Suit No. 5 of 2007 (by order dated 8.5.2007), was filed on 21.11.2006 for grant of let­ters of administration in favour of the plaintiff Yuvrani Reena Kumari, the daughter of the deceased-testator Late Rani Indra Mohini in respect of the al­leged Will dated 15.11.1984. Shri Chandra Vijay Singh son of late Shri Misri Chandra and Smt. Indra Mohini (the deceased) filed a caveat under Chapter XXX, Rule 6 and 7 of the Allahabad High Court Rules, 1952 raising objections to the grant of letters of administration, through Shri A.K. Rai and Shri Vishnu Kumar Singh, Advocates on 16.4.2007. The issues were framed on 27.9.2007. An additional issue was framed on 7.8.2008.

(3.) ON 9.4.2009 an application for impleadment was filed by Shri Surya Vijay Singh through Shri Amit Saxena, Advocate. The Application (A-19) for summoning the original Will dated 15.11.1984 deposited by the testator in the office of the District Registrar, Lucknow, vide Receipt No. 42 for safe custody was allowed. The alleged Will was produced by Shri Pramod Kumar Dwivedi, Sub-Registrar in the office of District Registrar, Lucknow on 14.5.2009 along with the register. It was directed to be kept in the safe custody of the Registrar General, and the matter was fixed for 16th July, 2009.