1. - This writ petition is directed against order dated 27.2.08 passed by the Additional District Judge, Nohar in Civil Misc. Case No. 16/07, whereby an application preferred by the respondent No. 2 herein for impleading him as party respondent in the probate proceedings, stands allowed and accordingly, he has been impleaded as party to the proceedings as respondent No. 3.

2. The relevant facts in nutshell are that the petitioner has preferred an application under Section 276 of Indian Succession Act,1925( in short "the Act of 1925" hereinafter) before the Additional District Judge, Nohar for grant of probate in respect of a registered Will said to have been executed by his maternal uncle late Shri Gauri Shanker in his favour.

3. The respondent No. 2 who is elder brother of the petitioner preferred an application for impleading him as party respondent to the probate proceedings stating therein that his maternal uncle late Shri Gauri Shanker is survived by his wife and the son, who are residing at Bhadra and the Will in respect of which the probate is claimed by the petitioner was never executed by him with his free will. It was submitted that the application preferred seekin