Plaintiffs have filed an application for striking of the order deleting paragraph 3, 4, 13 to 17 from the affidavit dated 18th March, 2013 filed by the defendant/caveator filed in lieu of examination in chief. Defendant/caveator has filed affidavit in reply to this application.

2. Mr. Shah, learned senior counsel appearing for the plaintiff invited my attention to paragraphs 3, 4, 13 to 17 of the affidavit in lieu of examination in chief filed by defendant on 18th March, 2013. The learned senior counsel also invited my attention to the issues framed by this court on 23rd August, 2012. The Testamentary petition was filed by the executor in this court inter alia praying for probate in respect of the alleged will and testament dated 10th May, 2006. This court has framed the following issues :

“1.Whether the last Will and testament of the deceased, Rajendra Singh Chhatrasal Singh dated 10th May, 2006 was validly executed.

2. Whether the deceased was in sound state of mind at the time of execution of the Will.

3. What relief, if any, is the plaintiff entitled to?”

3. Learned senior counsel submits that by an order dated 23rd August, 2012 read with order dated 23rd January, 2013,