( 1 ) MAHESH Chand and his wife Smt. Rama Gupta, respondents filed a Probate petition for seeking grant of probate and letter of administration under Section 272 read with Section 276 of Indian Succession Act before the Trial Court in the year 1991. They moved an application dated 16. 02. 2001, wherein it was averred that that Smt. Swarna, respondent no. 6 had expired on 12. 08. 1999 and as the petitioners/respondents were not on visiting terms with respondent no. 6 therefore, they were not aware of the fact that application for impleadment of her legal representatives was to be moved. The appellants in their reply contended that Smt. Swarna was the real sister of the petitioners and they were very much aware of her death and the names of her legal heirs. The trial court recorded the statement of Mahesh Chand respondent No. 1 under order 10 CPC. He stated that Smt. Swarna died on 12. 08. 1999. He testified that, although, he did not attend the cremation of his sister, yet, he came to know about her death on 13. 08. 1999. e. on the next day of her death. He further stated that she had left behind her five children besides her husband. The application was dismissed a