By this notice of motion, plaintiff no.2 seeks dismissal of the caveat filed by defendant Mahendra Thakkar. Petitioners have filed petition for probate of last will and testament of Mr. Khimjee Thakkar. The names of the legal heirs of the said deceased are disclosed in paragraph 9 of the petition. Citation was served upon the legal heirs and representatives. The caveator who is defendant in the present proceedings, is son of Balbhadra Thakkar who was brother of the deceased. The deceased was bachelor. The said Balbhadra was one of the attesting witnesses of the Will of the said deceased. Along with petition, the said attesting witness has filed affidavit on 23rd August, 2001 stating on oath that he was present together with Dr. Madhukar Rele at the house of the deceased. The said attesting witness has also stated that he was witness to the signature of the said deceased on the Will and was present at the time of deceased affixing his signature on the said Will alongwith the other attesting witness. It is also stated in the said affidavit that at the time of the death of the said deceased, he was of sound mind and having disposing memory and understanding and published the