Heard Sri Janardan Sahai, learned Counsel for the petitioner and Sri Vinay Malaviya, learned Standing Counsel representing the respondent No. 1. No body has appeared for Sri Ashok Kumar Saxena & Sri Shushil Kumar, the contesting private respondents No. 2 & 3, respectively.

2. Relevant facts, giving rise to instant petition, are these:

Sri Daya Shanker Saxena, Advocate, the father of the respondents No. 2 and 3, brother of the petitioner, hereinafter called the Testator, executed a Will in respect of dwelling situate in Mohalla Katia Tola, Shahjahanpur in favour of the respondents No. 2 and 3,

Upon the death of testator the respon dents No. 2 and 3 presented the Will before sub-Registrar of Shahjahanpur, the respon dent No. 1. for registration thereof.

During the proceedings for posthu mous registration of the Will before the respondent No. 1, Km. Shushila Saxena, the sister of the testator, Smt. Mohan Pyari, wife of the brother of the testator, and Km. Saroj Saxena, the niece of the testator, in sisted to participate in the proceedings and object to the registration of the Will. They made an application supported by affidavit praying that they be impleaded as they we