JUDGMENT :- This is a suit in the testamentary jurisdiction of the Court ion the grant of probate of the Will of one Harsing Prosad Shaw, deceased. The plaintiff Maniklal is the executor under the Will and is the elder of the two surviving sons of the testator. The defendant Hiralal is the other son.

2. The original application for grant of probate was presented on 18th December 1947. Hiralals name not having been mentioned in the said application as one of the sons of the testator, no citation was issued to him, and in due course, probate of the Will, which is dated 12th October 1946 was issued on 22nd December 1947. On 7th May 1948, Hiralal made an application for the revocation of the probate on the ground of absence of citation on him. This application was heard by Majumdar, J. who held that the want of citation was a just cause within the meaning of S. 263, Succession Act, and by his order dated 20th July 1948, he revoked the said grant. The directions given by Majumdar, J. as to the filing of the caveat and the supporting affidavit as also those in respect of discovery and inspection were complied with and the proceedings were marked as a contentious cause.

3. The testator Na

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