- (1.) Counsel for the appellant was heard but the counsel for the respondent has not appeared in spite of service of notice by way of dusti summons for which proof has already been filed by the appellant.
(2.) This appeal has been filed by the appellant against the order dated 21-11-2008 passed by the learned single Judge in I.A.No.2114/08 which was filed in the Testamentary Case No. 1/2003 by the applicant/appellant-Faiz Murtaza Ali for his impleadment in the Testamentary Case which was rejected as having no merit and hence frivolous.
(3.) It appears that the appellant had also filed an application to appear as a Caveator in Testamentary Case No. 1/03 but the said application was rejected by the learned single Judge holding therein that the Caveator had no caveatable interest in the property which order was confirmed by the Division Bench in L.P.A. Thereafter, a petition for review was filed by the applicant challenging the order of the learned single Judge passed in the Testamentary Case as also the order of the Division Bench passed in the L.P.A.;