1. By this Notice of Motion, the Plaintiff prays for dismissal of the caveat dated 18.9.2004 filed by the Defendant.

2. The Plaintiff filed a Testamentary Petition (Test.Petn.No.67 of 1998 which has been renumbered as Testamentary Suit No.40 of 2004) for probate of the last Will and Testament dated 7.1.1998 of late Chandrabai Nair who died on 13.5.1997. By the said Will Smt. Chandrabai Nair (hereinafter referred to as 'the testator'), inter alia, disposed of two lots of shares viz. lot no.1 of 950 shares and lot no.2 of 2415 shares as also 80 debentures, all held in the company known as "Indian National Press [Bombay] Ltd."(hereinafter referred to as "INP Ltd.")

3. According to the Defendant the shares originally belonged to Mr.Appat B. Nair, the husband of the testator, who during his lifetime had sold the shares to the Defendant and therefore the testator was not the owner and consequently had no right to bequeath the shares of INP Ltd. by her Will dated 7.1.1998. The Defendant therefore filed a caveat opposing for grant of probate. In view of the caveat, the Testamentary Petition bearing No.67 of 1998 was converted into the Testamentary Suit No.40 of 2004.

4. In the meanw