(1.) Shrimati Surjeet Kaur Braich has filed this appeal under Clause X of the Letters Patent, against the following order of a learned Single Judge of this Court dated 7th October, 1982 :-
(2.) Before us, Mr. G.S. Grewal, Senior Advocate, learned counsel for the appellant, has only prayed that the case on the material available on the record be heard and decided on merits. According to the learned counsel, there is sufficient material on the record, on the basis of which the probate case could be decided.
(3.) We have heard the learned counsel for the appellant and find that the prayer made before us that of the case be heard on merits, deserves to be allowed. Consequently, we allow the appeal and remand the case to the learned Single Judge for deciding the same on merits on the material available on the record. The appellant shall not lead any evidence. No costs.