GITA MITTAL, J.

( 1 ) 1. By this order, I propose to dispose of IA No. 1002/2001 filed under order 9 Rule 13 of the Code of Civil Procedure, 1908 for short 'cpc' filed by smt. Santosh Soni, respondent No. 1 and IA No. 8432/2001 filed under Order 39 Rules 1 and 2 CPC filed by the plaintiff. IA Nos. 1002/2001 and 8432/2001

( 2 ) IT is necessary to notice some essential dates and facts in order to appreciate the issues which are raised. Late Shri Tara Chand was the owner of House No. 2023-A, Rani Bagh, Shakur Basti, Delhi-34. His wife had pre-deceased him. Late Shri Tara Chand was blessed with one son Shri harish Chander Arora and one daughter Smt. Santosh Soni-respondent No. 2. Shri Tara Chand expired at Delhi on 4th June, 1998 leaving behind these persons as his class one heirs.

( 3 ) THESE applications have been necessitated as Smt. Santosh Soni claimed to be the legatee in the last Will and Testament of late Shri Tara chand dated 30th June, 1995 in her favour. She contends that by a public notice issued in the daily newspaper "veer Arjun" in its 16th February, 1996 issue, late Shri Tara Chand had publically announced that his son Shri harish Chander Arora, his wife Smt. Usha Aro