JUDGMENT :

Sahidullah Munshi, J.

P.L.A. 169 of 2010 was registered at the instance of Sampat Devi Kulthia, the sole executrix of the Will and Testament dated 31st January, 2008, executed by Bhanwari Devi Kulthia. Probate petition was filed on 13th July, 2010. By an order dated 16th May, 2012 the Hon'ble Justice I.P. Mukherjee, while disposing of an application being G.A. No.1229 of 2012, directed that -

(a) The proceedings against Smt. Rajkumari Verma be treated as non-contentious cause;

(b) Smt. Sudha Soni, to file the affidavit in support of the caveat. It was held that in default, the proceeding was to be treated as non-contentious as against her.

2. By a subsequent order dated 7th September, 2016, the Hon'ble Justice R. K. Bag allowed the prayer of Rajkumari Verma to treat the proceeding as contentious one against her and to allow her to file her affidavit within an extended date. Such prayer was allowed subject to payment of a cost of 2500 G.Ms. The said Rajkumari Verma was given liberty to file affidavit within a period of two weeks only and she was directed to pay the cost to the plaintiff within the time stipulated. By the said order His Lordship modified his earlier order dated