Pankaj Mithal, J. - (1.) A preliminary issue whether the objections can be entertained and the matter be allowed to be contested even though no caveat as provided under Rule 35 of Chapter XXX of the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules) has been filed is for consideration before me.
(2.) THE brief facts leading to the above preliminary issue are that the petitioner Smt. Prakashi wife of Budhsen applied for grant of Letters of Administration in respect of the estate and credits of the deceased Ajab Singh with the Will annexed. Notice of the petition was published in the news papers Danik Jagran (Hindi) and Hindustan Times (English) besides being sent to the next of kind of the deceased by registered post.
(3.) SRI D.S. Bohra appeared as counsel according to the office report dated 31.3.2010 on behalf of Jitendra and Kiran Pal nephews of the deceased. He filed objections to the petition on their behalf where upon the matter was adjourned for one reason or the other. Ultimately, the court, due to absence of Sri D.S. Bohra and the caveat on behalf of the parties represented by him vide order dated 29.4.2010 held that matter is non -contentious in nature.;