VALMIKI J. MEHTA, J (ORAL)

1. The matter was passed over on the first call on behalf of the appellants. On the second call, no one is present for the appellants. I have therefore heard he counsel for the respondent and after perusing the record am proceeding to dispose of this appeal which is about 10 years old.

2. The challenge by means of this appeal under Sections 384 and 299 of the Indian Succession Act, 1925 (in short „the Act?), is to the impugned judgment dated 20.4.2002. By the impugned judgment the trial court/probate court had allowed an application under Order 7 Rule 11 CPC filed by the respondents in a petition filed by the appellants under Section 263 of the Act, and therefore rejected the petition under Section 263 of the Act. By the impugned judgment, the trial court has dismissed the petition under Section 263 of the Act on two counts. The first count was that the tenants in a property viz the appellants have no interest so as to seek revocation of a probate granted to the beneficiaries of a Will. The second count was that the petition was held to be barred by time as having been filed beyond three years.

3. The facts of the case are that the suit prope