- (1.) THIS is an application of Ratan Marothia (the petitioner, in short), who is contesting a probate proceedings in this Court as the defendant, primarily for appointment of an advocate of this Court as Commissioner for examination of one Mrs. Jacqueline Wilson and her 2 son, Mr. Anthony Wilson also known as Toby Wilson (Toby, in short), or rather for recording the evidence of the said Wilsons ' at their residence in Spain on "such terms and conditions as this " Court may deem fit and proper. The other incidental or consequential prayer contained in Prayer (b) of the petition need not be quoted in detail.
(2.) THE case of the petitioner as made out in his petition appears to be that the respondent herein, Dr. Narendra Kholi (respondent, in short) being the executor of a Will of one Helen Wilson, since deceased, initiated the above probate proceedings in the City Civil Court at Calcutta for obtaining probate of the Will of Helen Wilson, the testatrix, which as I have said above, was brought to this Court from the City Civil Court. The said Will, it is alleged, is a procured document and the respondent brought the said Will into existence "by exercising undue influence and coercion on the testatrix ". The respondent is also one of the tenants of the premises No. 6, Chowringhee Lane, Calcutta which is the subject-matter of a suit instituted by the petitioner.
(3.) THE petitioner, it appears, instituted the said suit for specific performance before the probate proceedings was initiated and during the life time of the said testatrix, Helen Wilson as she wrongfully and illegally terminated the said agreement. The testatrix, Helen Wilson was the mother of two sons, namely Norman William Wilson and Kenneth Arthur Vardon Wilson who were two witnesses of the said 3 agreement for sale on the basis of which the petitioner herein instituted the said suit for specific performance.;