SAJANI DEVI BHARTIA Vs. ASHRANT BHARTIA

JUDGEMENT

(1.) A short question arises for consideration in this application. The plaintiff, in a contested testamentary suit, to obtain probate of the alleged last Will and Testament of Sajani Devi Bhartia, wants an order from this court that the two attesting witnesses to the Will be examined on commission. These two attesting witnesses are: (a) Ajay Bhargava, Partner, Khaitan & Co., Advocates, 1105 Ashoka Estate, 24 Barakhamba Road, New Delhi - 110001. (b) Sharad Vaid, Partner, Khaitan & Co., Advocates, 1105 Ashoka Estate, 24 Barakhamba Road, New Delhi - 110001.

(2.) IT is opposed by the caveators.

(3.) SAJANI Devi Bhartia, the testatrix was the wife of Mohan Lal Bhartia. In or about 2007 she was physically in a very poor condition. She could hardly move. Her husband was also ill with heart disease. On 2nd February, 2007 he was taken to Escorts Heart Institute and Research Centre in New Delhi for treatment. On 8th March, 2007, both husband and wife executed their respective last Will and Testament. Probate to the husband's Will was taken from this court on 10th September, 2009 in an uncontested cause. Initially a caveator had been filed a caveat objecting to the grant of probate to this Will. Subsequently it was withdrawn.