IN THE GOODS OF: Vs. MALATI TULSHAN

JUDGEMENT

(1.) This Letters Patent appeal is at the instance of a propounder in the proceedings for grant of probate and is directed against the order dated April 26, 2005 passed by a learned Single Judge by which His Lordship dismissed an application for discharge of caveat filed by the present appellant.

(2.) The appellant before us as an executrix filed an application for grant of probate of the alleged last Will and Testament of one Jagdish Prasad Tulshan. In the said proceeding, the respondent before us, claiming to be the second wife of the testator, lodged a caveat. The appellant before us subsequently filed an application for discharge of the said caveat on the ground that the respondent was never married to the testator and as such, she had no caveatable interest in the matter.

(3.) In the application for caveat, it was specifically mentioned that the respondent was married to the testator on 28th Feb., 1986.