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2006 Supreme(Del) 357

BADAR DURREZ AHMED, T.S.THAKUR
JAI PRAKASH GOEL – Appellant
Versus
O. P. GOEL – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THIS appeal has been filed u/s 10 (1) of the Delhi High Court Act, 1966 (hereinafter referred to as "the said Act") impugning the order dated 20. 09. 2004 passed by a learned single Judge of this Court disposing of IA Nos. 9693/1999, 13292/2000, 12548/2000 and 5197/2004 in Test Cas No. 10/1987 which is a petition filed by the appellant / petitioner for grant of probate in respect of an alleged will left by the father (Late Jugal Kishore Goel) of the appellant and the respondents. IA No. 9693/1999 was an application under Order 32 Rules 3 and 15 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") for appointment of a guardian ad litem for Respondent No. 3 (Shri Brahm Prakash goel) on account of his mental infirmity and consequent inability to look after and protect his interest in the pending probate proceedings (i. e. , Test Cas no. 10/1987 ). I. A. 12548/2000 sought the same relief as IA 9693/1999. By IA 13292/2000, the said Shri Brahm Prakash Goel sought to withdraw the No Objection to the grant of probate which he had earlier given on 27. 04. 1988. IA 5197/2004 was filed by the appellant / petitioner seeking dismissal of the
























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