ORDER

Record depicts that a notice of motion was taken out by the appellants herein for a direction to treat the probate proceedings as non-contentious proceedings with an additional prayer to grant probate, as prayed for. The factual score further depicts that the appellant plaintiff being the widow of the deceased testator, had filed the present appeal for probate of the Will executed by her husband, Jhaverchand Mehta. According to the appellant, her husband who executed the Will dated 10th March, 1989 died on 16th March, 1989 and she, being the sole legatee under the Will, prayed for grant of the probate. The respondents who happened to be the widowed daughter-in-law and grand daughters of the plaintiff, did file caveat opposing the grant of probate. Their main defence being denial of execution of the Will by the deceased.

2. Subsequently, however, as record depicts, the respondents took out a chamber summons for amendment of their affidavit in support of the caveat so as to take an alternative plea that the deceased did not have the competence to execute the Will since the properties happened to be joint family properties. It is at this stage, the appellant had taken out a notice