R.D. DHANUKA, J.

1. By this chamber summons, the applicant (original petitioner/plaintiff) seeks an order and direction that some of the portion of the affidavit in lieu of examination-in-chief filed by Dr Navroze S. Kotwal on 8th April 2014, proposed to be examined as a witness by the defendants be expunged from the affidavit or appropriate order be passed for ignoring those portion referred in the schedule appended to the chamber summons while recording his evidence as witness of the defendants. Some of the relevant facts for the purpose of deciding this chamber summons are as follows:

2. On 10th June 1998, the applicant herein filed testamentary petition No.504 of 1998 interalia praying for probate of the alleged last Will and Testament of Nergish Keki Cassad @ Nergish Keki Casad. It is the case of the applicant that under the said alleged last Will & Testament dated 7th February 1996 of the said Mrs. Nergish Keki (herein after referred to as the said deceased), the applicant as well as Dr Navroze S. Kotwal were appointed as executors of the said Will. Under the said alleged Will & Testament, some of the properties are bequeathed by the said deceased in favour of the appl