Rajiv Shakdher, J.

1. This is a petition under Section 278 of the Indian Succession Act, 1925 (hereinafter referred to as the `Succession Act') for grant of Letters of Administration. The petitioner herein is one of the four sons of one late Smt Krishna Pyari Nanda. The petitioner has based his claim on the fact that late Smt Krishna Pyari Nanda died inte-state leaving behind movable and immovable assets as well as debts delineated in Annexures A and B appended to the petition.

1.1 In the petition, it is stated that Smt Krishna Pyari Nanda, the widow of late Shri Kidar Nath Nanda, died between 10.00-10.30 pm on March 8, 1994 at 41, Golf Links, New Delhi-110003. The deceased Smt Krishna Pyari Nanda is survived by the following legal representatives (in short `LRs'), apart from the petitioner, i.e., Shri Mohinder Nath Nanda, Shri Virender Nath Nanda and Shri Rajinder Nath Nanda. The grant of Letters of Administration was opposed by the afore-mentioned siblings of the petitioner (hereinafter collectively referred to as the `respondents').

1.2 In the reply, the respondents have stated that prior to her death Smt Krishna Pyari Nanda had executed a Will (Ex R-1) on 05.11.1987. The original Will was lodged for safe custody with the ANZ Grindlays Bank, P.L.C Connaught Circus Branch, New Delhi (hereinafter referred to in short as the `Bank'). A receipt was obtained on the handing over of the original Will, from the Chief Manager of the afore-mentioned Bank; which was filed with the reply.

1.3 It may be pertinent to note at this stage that when the petition was placed before the Court on return of notice i.e., on 03.08.1994, the reply of the respondents was on record, which was filed on or around 28.04.1994. At the hearing held on 03.08.1994, the Court noticed the fact stated in paragraph 2 of the reply, that the Will, on which reliance was placed by the respondents, was in the custody of the Bank. On the request of the counsel for the petitioner, the production of the Will was however deferred till filing of an appropriate application in that behalf by the petitioner.

2. Consequently, the petitioner filed IA No. 7853/1994 which came up before Court on 11.08.1994. The Court issued notice on the application both to the respondents as well as to the Bank with a direction to the Bank to file the Will in Court.

2.1 At the hearing held on 12.05.1995, it appears that an officer from the Bank presented himself in Court, and made a statement that Will of late Smt Krishna Pyari Nanda could not be traced, and that if particulars are provided, he shall search the Bank's records. A photocopy of the receipt issued by the Chief Manager's Office of the Bank dated 05.11.1987, was handed over by the counsel for the respondents to facilitate the Bank's attempt at retrieving the Will.

2.2 The matter was thereafter taken up by the Court on 21.07.1995. At this hearing, the Court recorded the statement of the Bank officer that their search revealed that no Will was deposited with the Bank. At this juncture, the Court permitted the respondents to place a carbon impression of the Will on the Court record.

2.3 In the meanwhile, on 28.08.1995 the petitioner filed a Criminal Miscellaneous Application No. 3413/1995 in which notice was issued. The matter was posted for hearing on 09.10.1995.

2.4 On 09.10.1995, the Court framed the following issues:-

"1. Whether the deceased, Smt. Krishna Pyari, had executed the Will dated 5.11.1987? OPR

2. In case issue No. 1 is proved in the affirmative, whether the petitioner is still entitled to grant of Letter of Administration? OPP

3. Relief."

2.5 It is pertinent to note that in respect of criminal miscellaneous application No. 3413/1995, at the aforementioned hearing, the Court observed that the said application could be disposed of only with the final decision in the "probate proceedings".

2.6 By an order dated 18.10.1995 passed in IA No. 9676/1995 the carbon impression of the Will was placed in a sealed cover.

2.7 The petitioner, it appea