VALMIKI J. MEHTA, J.

1. This probate petition is filed by two petitioners seeking probate of the Will dated 26.3.2002 executed by late Smt. Sudha Rani. Petitioner no.1 Sh. Rajeev Kumar Aggarwal is the son of late Smt. Sudha Rani. Original petitioner no.2 Sh. Hari Mohan Goel was the father of the deceased testator Smt. Sudha Rani, and who expired pendente lite, and he is now substituted by his son Sh. Anil Goel and who as per the subject Will was appointed as a guardian of the petitioner no.1 after the death of Sh. Hari Mohan Goel.

2. There are a total of two private respondents. Respondent no.2 is the daughter of late Smt. Sudha Rani and who has not contested the petition. The fact that respondent no.2 was served but did not appear in spite of service with legal consequences flowing against respondent no.2 is noted in the order of Joint Registrar of this Court dated 31.7.2003.

3. Respondent no.3, one another son of Smt. Sudha Rani, was the sole contesting respondent. In my opinion however the expression ‘contesting respondent’ qua respondent no.3 is misconceived because in the objections filed on 6.8.2003 by the respondent no.3/Sh. Sanjeev Kumar, he has not disputed that the