I.M. Malik, J.-In this appeal the appellant has called into question the order dated 1st April, 2003, passed by the learned Additional District Judge, wherein the probate was granted in favour of Avtar Singh Bhatia, the respondent No.2 herein. The facts of this case are these. Deceased Labh Singh Bhatia had executed a Will on 11th May, 1967, wherein he bequeathed shop No. 49, Defence Colony, New Delhi in favour of his eldest son, Shri Mohinder Singh Bhatia, the appellant in this appeal. The Will was registered on 16th May, 1967. Thereafter, the deceased Labh Singh Bhatia had executed another Will dated 24th February, 1986, which was also duly

registered on the same very day, wherein the earlier Will dated 11th May, 1967, was revoked and superseded. According to the second Will, the a deceased Labh Singh Bhatia bequeathed property No.1, National Park, New Delhi in favour of Avtar Singh Bhatia, the respondent No.2 herein. All the legal heirs except Mohinder Singh Bhatia gave no objection to the above said second Will. Mohinder Singh Bhatia objected that since the respondent, Avtar Singh Bhatia, was not named as executor of the Will, therefore, the petition for grant of proba