JUDGMENT:

HARJIT SINGH BEDI, J

1. This appeal by special leave is directed against the order dated 25th August, 2004 of the Division Bench of the Bombay High Court in notice of motion No. 1207 of 2004 in Testamentary Suit No. 17 of 1996 whereby the order of the learned Single Judge dismissing the notice of motion by order dated 29th July, 2004 has been confirmed.

2. The facts as taken from the appeal and relevant to its disposal are as under:

3. The appellant Ila Vipin Pandya was married to Vipin Dalsukhram Pandya on 15th December, 1966. The couple, however, divorced on 24th May, 1985 but performed a remarriage on 15th January, 1987 with the remarriage being registered before the Registrar of Marriages, on 10th February, 1987. Vipin Pandya aforesaid died as an intestate on 4th November, 1995 on which a testamentary petition was filed by his widow Ila Vipin Pandya on 9th February, 1996 praying for the grant of letters of administration for the estate of the deceased. The respondent Smita Ambalal Patel, however, filed a Caveat on 7th March, 1996 opposing the grant and also filed an affidavit on 13th March, 1996 denying that the deceased had died intestate and pointing out that he had exe