Ajay Nath Ray, J. : This is an application for summary revocation of the caveat filed by Garodia in the matter of the last Will of Hari Prasad Lohia by which his brother's son Nikunj has been appointed both executor and residuary and principal legatee.

2. Hari Prasad Lohia had a brother and two sisters. One of the sisters Durga Devi lodged a caveat. Then she expressed her intention to withdraw the same and after a contested hearing I permitted such withdrawal. The other sister Pushpa Debi Modi who predeceased Hari Prasad never came into the picture through her heirs, if any.

3. Hari Prasad himself died without any children. He was a divorcee and he never married a second time.

4. It has been alleged, though not as the first point, that the caveat is maintained merely for this purpose that Nikunj does not get the 2,44,000 shares owned by the deceased in the East India Syntex Company. Both Garodia and Nikunj are directors of that company. It is alleged that Garodia's interest would be much served and his control over the company would be much strengthened if the 2,44,000 shares of Hari Prasad and the voting rights thereon remained always in suspense.

5. The Probate Court being a