ORDER

Ameer Ali, J. - 6-6-1940. This is one of those peculiar cases where I take a definite view but without having any supreme confidence that the view is correct. The facts may be very shortly stated. They will appear from the very useful list of dates handed in by the Advocate-General which may remain on the record. Mrs. Adelaide Elizabeth Forbes died at Dehra Dun on 6th June 1939. She left a will dated 23rd January 1938, whereby Mr. Oswald Vernon Forbes and Mrs. Peterson, one of his two sisters, were appointed executors. The two executors together with the other sister, Mrs. Earle were residuary legatees in equal shares. There is a document in the form of a codicil dated 1st June 1939 whereby the residuary share of Mrs. Peterson is varied in favour of Mr. Forbes to the extent of a half and the two executors named are Mr. Forbes and a certain Mr. Owen O'Neill. The existence of this codicil was disclosed by Mr. Forbes, if I re-collect rightly, somewhere about 4th July 1939. On 11th July 1939, Mrs. Peterson applied for probate in the Chief Court of Oudh. She applied u/s 367 for the production of the will and the codicil, they being both in the possession of Mr. Forbes. On 12th July