This is an ap plication for deletion of the name of Sri Hamendra Swaroop Bhatnagar, the plain tiff and substitute the name of M. S. Bhat nagar in his place and there is another application with the similar prayer but there is a further prayer to substitute the name of Satyendra Kumar Bhatnagar also in addition to M. S. Bhatnagar.

2. Briefly stated, the facts are, that Jyoti Swarup Bhatnagar had no issue. He had one brother Har Swarup Bhatnagar. Har Swarup Bhatnagar expired in the year 1923 leaving behind him five sons namely Gyan Swarup Bhatnagar, Sachida Nand Bhatnagar, Brahm Swarup Bhatnagar, Brijendra Swarup Bhatnagar and Hamendra Swarup Bhatnagar. Hamendra Swarup Bhatnagar filed testamentary peti tion No. 13 of 1984 for grant of probate/let ters of administration in the matter of goods and property of deceased Jyoti Swarup Bhatnagar on the allegation that he had executed a Will on 22-4-1920 which provided that till the life-time of Har Swarup he will administer the property of Sri Jyoti Swarup Bhatnagar in accordance with the testament dated 22-4-1920 and after his death, the property shall be ad ministered by the sons of Sri Har Swarup Bhatnagar. Har Swarup B