JUDGMENT

M. Jagannadha Rao, J.-Civil Appeal No. 6486 of 1983 is filed by Smt. Rebti Devi (since deceased) and is being continued by her son Sri Mahesh Dutt Gupta, claiming to be her sole legatee under a registered Will dated 18.12.1972. This appeal is preferred against the judgment of the Allahabad High Court in Regular Second Appeal No. 1001/1973 dated 29.2.1980 arising out of Suit No. 1263 of 1968. In the Civil Appeal the respondents are the legal heirs of the brother of Mahesh Dutt Gupta, i.e. late Ram Dutt Gupta.

2. Special Leave Petition No. 17883/1997 is filed by the legal representatives of Ram Dutt Gupta (brother of Mahesh Gupta) impleading Mahesh Gupta and other family members against the judgment of the Allahabad High Court in First Appeal No. 378 of 1996 dated 30.5.1997 allowing the appeal of Mahesh Dutt Gupta and granting probate in respect of the Will dated 18.12.1972 of Rebti Devi in his favour. Learned counsel for the petitioners in S.L.P. has fairly stated that the S.L.P. and IA 1 of 1996 therein are not being pressed. Therefore, we are left only with Civil Appeal No. 6486 of 1983 and in view of the dismissal of S.L.P., Mahesh Dutt Gupta can continue the said Civil A