SUNEET KUMAR,J. - (1.)The appeal under section 299 of Indian Succession Act, 1925 (hereinafter referred to as 'Succession Act'), is directed against the order dated 17 November 2016 passed by the Additional District Judge, Room No. 14, Kanpur Nagar, Kanpur, U.P. in Probate Proceeding Case No. 170/70 of 2011 (Smt. Harsh Jauhari v. Smt. Rajani Agarwal and another) .
(2.)The respondent-plaintiff filed a petition for grant of probate on the strength of unregistered Will dated 8 July 2011, executed by Shantanu Agarwal. The appellant was impleaded during the proceeding, who set up a counter claim on the strength of an unregistered Will dated 15 June 2001. During the course of proceeding, respondent submitted his examination-in-chief, the appellant filed an application to cross examine the respondent which has been dismissed by the impugned order.
(3.)Learned court would note in the impugned order that the proceeding under the Succession Act being summary in nature, wherein, the contesting defendant can lead evidence in support of his case and on the strength of the evidence of rival parties the matter would be decided, however, presently there is no case for allowing cross examination of the plaintiff, consequently, the application was rejected by the impugned order.