Honble Sunil Ambawani, J.—This Testamentary Suit was filed on 26-7-1988, as Testamentary Case No. 10 of 1988 by Sri Chandra Kishore Dixit, S/o Sri Kewal Krishna Dixit, for grant of ‘Letters of Administration’ with a copy of will, in the matter of credits and assets of late Sri Shambhu Dayalu Shashtri, S/o Sri Har Dayalu, resident of Anand Kuteer Tundla, Tehsil Itmatpur, Tundla, district Agra, with the averments that the deceased, testator, the maternal grand father of the petitioner died on 22-5-1947 leaving behind a will dated 12-4-1947 of his entire properties to him, at his residence at Tundla. The will was attested by two witnesses namely Shri Anand Behari Lal and Shri Gaya Prasad Sharma. Both the witnesses are not alive. The original will was kept at ‘Anand Kuteer’, Tundla with petitioner’s father Sri Kewal Krishna Dixit. However, after his death petitionrs brother Shri Sukh Swroop Anand Dixit, (the caveator/objector/defendant) had removed the original will by breaking the lock of the room. The original will may be summoned from him, as he has turned hostile to the petitioner. The application has been filed after forty one years and three months of the death of the tes