R. N. MISRA, J.

( 1 ) IN a pending probate proceeding (O. S. No. 25 of 1966) before the learned district Judge of Cuttack an application was made by the petitioner purporting to be under Order 1, Rule 10, C. P. C. read with Section 268 of the Indian Succession act, 1925 to be added as a party and enter caveat. The learned District Judge has refused leave to the petitioner- Hence this revision.

( 2 ) THE historical background of the case may now be furnished in order to appreciate the point required to be decided. One Adhar Chandra Sarkar owned properties located in the town of Cuttack and at Sundargarh. He died on 5-6-62, kusum Kumari Dasi, opposite party No. 1, admittedly was the wife of Adhar. Sakun-tala, opposite party No. 2, claims to be the second wife. Her status as wife has, however, not been, admitted by Kusum Kumari. Adhar is said to have left behind two wills -- one executed on 5-4-62 which is registered document and the other is dated 23-5-62 and it is not registered. Sakuntala applied for probate of the registered will Her application was registered as O. S. No. 16 of 1965. Kusum Kumari similarly applied for probate of the unregistered will and her application was reg