Judgment

DAS GUPTA, J. : This appeal by special leave is against an order of the High Court at Allahabad rejecting on August 28, 1961 an application made by the present appellant. For a proper appreciation of the contention raised in the appeal it is necessary to set out in some detail the complicated facts which gave rise to her application.

2. It appears that on January 23, 1938 the appellant s mother Mrs. A. E. Forbes executed a will leaving all her property to her three children, viz., the appellant, Mrs. V. G. Peterson, Mrs. E. D. Earle and Mr. O. V. Forbes. The testatrix died on June 6, 1939 and this appellant applied for probate. The probate was granted on November 30, 1939. on may 4. 1943 when Criminal Appeal No. 9 of 1943 was being argued before a single Judge of the Oudh Chief Court the Counsel for the State brought it to the notice of the judge that Mr. O. V. Forbes-brother of the present appellant had made in his application before the Trial Court and in other ways certain aspersions against the conduct of the Trial Court which amounted to contempt of Court. The learned Judge ordered the issue of notice against Mr. O.V. Forbes in this matter, on May 6, 1943 the present ap