The Facts:-

1. The petitioners / plaintiffs have filed the present petition for Letters of Administration with the Joint Will annexed thereto to the properties and credits of the late Pirojsha Pestonji Narielwalla and Mrs. Hirabai Pestonji Narielwalla. Mrs. Vaishali Vasudeo Ingle, duly Constituted Attorney and Legal officer of the petitioners/plaintiffs has filed an affidavit dated 28th June, 2007, in support of the Notice of Motion of which para 3 reads as under;-

“3. I say that Mr. Pirojsha Pestonji Narielwalla and Mrs. Hirabai Pestonji Narielwalla executed a joint Will dated 21st December, 1978. Mr. Pirojsha Pestonji Narielwalla died on 22nd January, 1980, leaving his only sister Hirabai as his only heir and next of kin. Mrs. Hirabai Pestonji Narielwalla died on 12th September, 1981. There were no executors appointed under the Will and the residuary legatees were the Trustees of Parsi Panchayet Funds and Properties, Bombay. Accordingly, the then Trustees filed a Petition bearing Petition No.4 of 1986 for Letters of Administration with the joint Will annexed."

2. It appears that the original suit / petition bearing Petition No.4 of 1986 for Letters of Ad