DAYA SUBHASH TIWARI Vs. KASHINATH LALTA TIWARI

JUDGEMENT

(1.) By this Notice of Motion, applicant who was original petitioner in probate petition seeks dismissal of caveat and affidavit in support dated 5th February, 2007 filed by Mr.Lalta Prasad Ram Nihor Tiwari, the original caveator and seeks grant of probate of the Will dated 24th July, 1995 of the Rajbali Ram Nihor Tiwari alias Rajbali R.N.Tiwari. Some of the relevant facts for the purpose of deciding this Notice of Motion are summarised as under :-

(2.) xxx xxx

(3.) Mr.Sancheti, learned senior counsel appearing on behalf of the applicant submits that inspite of opportunity given by this court and statement made by the defendants that they would file affidavit objecting to the grant of probate, no such affidavit has been filed. Suit has to be proceeded without any further affidavit as directed by an order dated 23rd September, 2011 passed by this court. It is submitted that defendants cannot be permitted to raise any other objections.