JUDGMENT

S.B. Sinha, J.

1. Leave granted.

2. A short but interesting question which arises for consideration in this appeal is as to whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the appellant s name was not cited in the said application for grant of probate.

3. The basic fact of the matter is not in dispute.

4. A Will was executed by one Lakhpati Devi widow of late Mahadeo Jaiswal in favour of the respondent herein who was one of the grand sons of late Bhagwatidina, one of the brothers of late Mahadeo Prasad. Appellant herein claimed that the said Lakhpati Devi had executed another will on or about 12.3.1996. The said Lakhpati Devi admittedly expired on 13.03.1996. Whereas the appellant did not file any application for grant of probate in relation to the aforementioned will dated 12.03.1996, the respondent did so on 6.9.1996. In the said application, it was contended that the properties under the Will are situated in Bombay stating : That the said deceased at the time of her death had a fixed place of abode at Room No.10-11, Bharat Building, Sonapur Lane, Chira Baza