( 1 ) THE subject matter in this Letters Patent Appeal arises out of the Probate proceedings numbered as Probate Case No. 71/87, whereunder, respondent Smt. Sheela Saxena had filed an application dated 14-2-1987. Under Section 276 of the Indian Succession Act praying for issue of letter of Administration annexed with the Will dated 4-6-1987, claimed to have been executed by Smt. Rajendra Kaur alias Harisharan aged about 85 years in her favour and in favour of Naveen Kumar, her son as well as Balbir Baba, her sister, Smt. Rajendra Kaur, the testatrix had died on 25-6-1987.

( 2 ) THE learned trial Court by order dated 25-6-90 allowed the application and granted letter of Administration in favour of Smt. Sheela Saxena. However, in Misce. Appeal No. 102/90, preferred by another daughter of testatrix Shakuntala Jhamb, the order Dt. 25-9-96, was set aside with the direction of remanding the matter back to the Court below providing however, that before rehearing the matter, other heirs of Rajinder Kaur who are indicated hereinabove, shall be noticed and they shall also be heard. When objections are filed afresh, if any, on that and also on objections already on record, the