Heard learned counsel for the parties.

2. The following questions of some importance have been raised in these proceedings: when a caveator-defendant dies, whether it is for the plaintiff/petitioner to bring on record the heirs and legal representatives of the deceased-caveator as defendants in a suit ?; and if the plaintiff fails to do so whether the suit and the petition, both abate ? And; if it is held to be not mandatory for the plaintiff to do so whether the suit only would stand dismissed as abated or infructuous and in that eventuality the petition for probate would be liable to be allowed as uncontested ?

3. The factual matrix, sans unnecessary details, is as follows: The plaintiff filed a petition for probate of the last Will and testament dated 2nd June, 1988 of Dr.Anant Rajaram Deshpande. He died at Bombay on or about 16.8.1988. The plaintiff is the sole executor named in the Will. The defendant - Suneel Anant Deshpande was the son of Dr.Anant Deshpande. After service of a citation, Suneel Deshpande had filed caveat and objected the grant of probate. The caveator - Suneel also died at Bombay on 3rd January, 2007 leaving the Will dat