JUDGMENT

G.S. Patel, J. - A. OVERVIEW

1. The Plaintiff seeks probate of a registered Will dated 4th January 2007 of his father, Madhusudan Dahyabhai Shah ("Madhusudan"), who died on 1st May 2007. The Plaintiff is the sole executor and trustee appointed under the said Will

2. The Plaintiff is Madhusudans elder son. His petition is opposed by his younger brother, Nikhil, the 1st Defendant, and their sister Hemangini, the 2nd Defendant. The Defendants filed their respective Caveats on 9th December 2009. Affidavit in Support of the Caveat of the 1st Defendant, File No. 2, pp. 6774; Affidavit in Support of the Caveat of the 2nd Defendant, File No. 2, pp. 75105. They claimed that the Will was forged, fabricated and executed under undue influence. Another surviving sister, Harsha, entered no opposition to the Petition.

3. After they filed their Caveats, the Defendants consistently remained absent, though repeatedly served notices by the Plaintiffs. Various orders of this Court have noted the Defendants absence despite notice. Since the Defendants filed Caveats, the Testamentary Petition w