1. By the order dated 28th August, 2012 notice of the petition was issued to the respondents with a specific note that the petition would be heard and disposed off finally at the stage of admission. Accordingly, notices have been served upon the respondents. Respondent no.1 is absent despite service. The name of respondent no.2 has been deleted from the proceedings on account of his death. Respondent no.3 had appeared before the Court to contest the petition.

2. The question that arises for consideration of the Court, in this petition is whether a third party who is not a beneficiary under a Will, can be impleaded as a party respondent to a probate petition.

3. The set of facts within which the question arises is as follows :-

Shri. Narayanrao Ramrao Bhave was the ruler of Ramdurg Sansthan. He died intestate on 10th April, 1996 leaving behind his daughter, the petitioner herein and his wife, Ushadevi (since deceased). Ushadevi expired on 10th April, 2000. In view of death of her parents, the petitioner preferred two applications being Misc. Application No.507 of 2000 and Misc. Application No.508 of 2000 in the Court of Civil Judge Senior Division, Pune on 11th July, 2000 for i