Shekhar B. Saraf, J. - (1.) This title suit T.S. No. 15 of 2017 arises from a Probate application being P.L.A. No. 269 of 2008. The probate application has been registered at the instance of Sri Nand Kishore Bagrodia, seeking grant of probate of the will executed by deceased Makhanlal Bagrodia on 25th December, 2004.
(2.) P.L.A. No. 269 of 2008, was filed for grant of probate by the executor. The court through an order dated 23rd December, 2016 issued special citation upon the eight respondents namely: - 1) Smt. Chandrakala Devi Poddar (Eldest D/o - Late Makhanlal Bagrodia), 2) Smt. Sunita Parasramka (Youngest D/o Late Makhanlal Bagrodia), 3) Sri Rajesh Sha (Eldest Grandson of Late Makhanlal Bagrodia), 4) Sri Dinesh Sha (Youngest Grandson of Late Makhanlal Bagrodia), 5) Smt. Manju Agarwal (Eldest Granddaughter of Late Makhanlal Bagrodia), 6) Smt. Anju Kheria (Youngest Granddaughter of Late Makhanlal Bagrodia), 7) Sri Saurabh Sha (Youngest Grandson of Late Makhanlal Bagrodia) and 8) Smt. Nidhi Kejriwal (Granddaughter of Late Makhanlal Bagrodia).
(3.) A caveator by the name Smt. Chandrakala Devi Poddar came forward, who claimed to be the eldest daughter of the deceased Late Makhanlal Bagrodia and sister of the executor. By the order dated 18th May, 2017 final opportunity was granted to the caveatrix to file an Affidavit-insupport of the caveat within four weeks from date, failing which the matter would be treated as a non-contentious cause. Thereafter, an Affidavit-in-support of the caveat was filed on 14th June, 2017 and the probate application stood converted to a Testamentary Suit being T.S. No. 15 of 2017.;