JUDGMENT :- Appellant Balbir Singh had filed a petition for probate under Section 276 of the Indian Succession Act on 5-3-1963. On the basis of a will which was alleged to have been executed by one Gopal Narain Fadnis on 18th May, 1961, Gopal Narain Fadnis died on 19-1-1963 leaving his only daughter Smt. Sulochana as his survivor. Smt. Sulochana filed a written statement in the case and inter alia pleaded that the application for probate was not maintainable. Issues were framed, parties led evidence and the case was argued on their behalf on several dates before the trial Judge. Before the conclusion of the arguments however an application for amendment was made by the appellant which was rejected by the Judge on 16-9-1966.

2. On 19-9-1966 an application was filed by the appellant before the District Judge, Lucknow praying that he may be permitted to withdraw the above probate application with liberty to bring any other proceeding or suit as"he may be advised" on the ground that"the above probate proceeding is defective for some formal defects" and"the applicant does not want to further prosecute the aboveapplication owing to the defects and forother reasons".

The defendant filed an

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