Bhagabati Prasad Banerjee, J.: The appeal has been treated as on day’s list and taken up for hearing by consent of the particle after dispending with all the formalities and discharging the undertaking given by the appellant.

2. This, is an appeal against the order passed by the learned Trial Judge on 4th May, 1995 allowing the application for summary revocation of the caveat filed by the appellant Hari Charan Garodia in respect of the last Will and Testament of Hari Prasad Lohia since deceased in respect of which an application for probate was filed by his brother's son Nikunja Lohia.

3. The caveat was not filed by any of the heirs and/or the legal representative of the deceased Hari Prasad Lohia but by the appellant claiming to have interest in, the property of the deceased. The appellant claims that his interest in the property of the deceased is on the ground, that the appellant had filed a suit for a claim against the property of the deceased and obtained an order of attachment before judgment in the said suit by an order passed by Justice Hazari, J, (as His Lordship then was) on 27th August, 1993 in a suit filed by the appellant against Smt. Durga Debi Goenka & Ors. Ap