JAYANT NATH, J.

1. By the present petition the petitioner seeks to challenge the order dated 2.7.2016 by which an application under Section 114 CPC for recalling earlier order dated 14.5.2016 was dismissed. By the said order dated 14.5.2016 the trial court had rejected the request of the petitioner to cross-examine Objector Mr. Aswal Vaderaa on the ground that the petitioner has not filed any objections to the petition and, therefore, would not have a right to cross-examine objector No. 1.

2. The disputes are regarding the Will of late Smt. Karuna Raj Vaderaa dated 5.2.2003. Respondent No. 2 is stated to have been appointed Executor of the Will and has filed the present Probate Petition. Respondent No. 3 the elder brother of the petitioner is the only objector of the Will. None of the other respondents or petitioners have filed objections.

3. Learned counsel appearing for the petitioner has vehemently argued that the petitioner could not have been denied the right to cross-examine the witness of the Objector. He submits that even otherwise the said witness has in his evidence made allegations against the petitioner and petitioner would have a right to cross-examine the said