Valmiki J. Mehta, J. (Oral)

1. By this first appeal under Order 43(1)(l) of the Code of Civil Procedure, 1908 (CPC) the appellant impugns the order of the probate Court dated 19.9.2008 by which the probate Court dismissed the application under Order 22 Rule 10 CPC filed by the appellant herein and who was the applicant before the probate Court.

2. The facts of the case are that the original petitioner in the probate petition was one Sh. Prahlad Singh Bakshi, husband of the deceased testator Smt. Sujan Kaur. Sh. Prahlad Singh Bakshi sought probate petition with respect to the Will dated 22.1.1996 executed by his late wife. The appellant Sh. Sirjan Pal Singh during the pendency of the probate petition is said to have purchased the property which was owned by late Smt. Sujan Kaur from the petitioner Sh. Prahlad Singh Bakshi who had propounded the Will dated 22.1.1996 of Smt. Sujan Kaur. Suit property was purchased by means of the registered sale deed dated 19.5.2005. The probate petition had been filed on 5.5.2005. Trial Court has dismissed the application on grounds including of delay and laches and the fact that the original petitioner had since expired.

3. Order 22 Rule 10 C