(1.) THIS is a caveator's Petition for reviewing the order dated 16/03/1990, under which probate was granted to the respondents who were the petitioners in the original Petition No. 233 of 1984 i. e. plaintiffs in Suit No. 5 of 1985. The parties will hereafter be referred to according to the position in Suit No. 5 of 1985. Suit No. 5 of 1985 (earlier filed as Petition No. 233 of 1984) was for probate of the propounded will dated 6/07/1982 of one Vishwas Vithal Tawade. Vishwas Vithal Tawade died on 31/08/1982 leaving behind his children as his heirs. Plaintiff No. 1 is the son of the deceased. The defendant (present applicant) is also one of the sons of the deceased. The defendant filed the Caveat and challenged the Will. The matter was heard ex parte on 16/03/1990 in the absence of the defendant and on evidence being taken the Caveat stood dismissed and probate was ordered to be issued to the plaintiff on his complying with the office requisitions of the Prothonotary and Senior Master, if any. Being aggrieved by the order dated 16/03/1990, the defendant has taken out the present Miscellaneous Petition which is for review of the order as stated above.
(2.) ONE of the grounds on the basis of which the order dated 16/03/1990 is sought to be set aside is as mentioned in Paragraph 4 of the present Petition. Briefly, what is stated in the said Para 4 is that in the Affidavit dated 30/01/1984 of the attesting witness Mr. Kadam, it was stated by Mr. Kadam that :
(3.) IN view of the above said reasons, the ex parte order dated 16/03/1990 on review is set aside, the Review Application is allowed and a date for hearing be fixed of Suit No. 5 of 1985. The Suit to appear on board on 14th of March 1991 for directions. The defendant (present petitioner) shall pay costs quantified at Rs. 500. 00 to the plaintiffs (present respondents ). Probate, if issued on the basis of the order dated 16/03/1990, stands cancelled. Order accordingly.