BHASKAR BHATTACHARYA, J. :- This appeal was heard along with a cross-objection filed by the respondent and those arise out of an application for grant of Probate in which the learned Single Judge by the order impugned has refused to discharge the caveat lodged by the respondent.

2. It appears from the record that the appellant, the propounder of the Will, allegedly executed by one Jagdish Prasad Tulshan, happens to be the only surviving sister of the testator at the time of his death. She prayed for grant of the Probate of the Will alleged to have been executed by Jagdish. In such proceedings, the respondent, namely, Yasheel Jain, who is the son of a predeceased sister of the testator, lodged a caveat claiming that he had interest in the estate of the deceased on twofold grounds. First, he was the nephew of the testator and secondly, he was the sole beneficiary under an alleged prior Will executed by the testator in respect of the selfsame estate.

3. The learned single Judge by the order impugned in this appeal has turned down the objection raised by the propounder on the ground that the caveat filed by the respondent could not be discarded, as he was also an heir. According