( 1 ) AN application under Section 232 of the Indian Succession Act was moved by Smt. Manorama srivastava, describing herself as the widow of Dr. Mithlesh Kumar Srivastava (deceased) and km. Khushboo, minor daughter of the aforesaid deceased through applicant No. 1 under her guardianship (hereinafter referred to as the plaintiffs) for the grant of probate or Letter of administration with a copy of the Will dated 26th April, 1986. Thereafter a caveat was filed on behalf of Smt. Saroj Srivastava also describing as widow of late Dr. Mithlesh Kumar Srivastava (hereinafter referred to as the defendant) in which it was stated that she had applied for succession certificate in the District Court. She also filed a reply by means of counter affidavit which was subsequently converted into written statement objecting to the claim made by the plaintiffs.

( 2 ) THE plaintiff asserted in her aforesaid petition that Dr. Mithlesh Kumar Srivastava died at allahabad on 15th November, 1986, leaving both moveable and immovable properties. He executed a Will on 26th April, 1986 in a sound disposing mind of his own free-will and was duly attested by the two attesting witnesses, viz. , Sr