( 1. ) THIS revision is directed against the order dated 20th July, 2007 by the Second Additional District Judge, Bhopal in Case No. MJC No. 93/2007 by which petitioners application under Order 7, Rule 11, Civil procedure Code was rejected.

( 2. ) THE facts of the case are as under :

(a) Late Sukhram Bhowmik was husband of respondent Smt. Vandana bhowmik. He died on 17-12-2003. The applicant filed an application for grant of probate on the basis of Will dated 22-4-2003 stated to be executed by late sukhram Bhowmik in his favour by which first floor of a dwelling house MIG 48, Sector 3-A, situated at Saket Nagar, Bhopal stated to be bequeathed in favour of the applicant.

(b) The application filed before the Second Additional District Judge was registered as M. J. C. 17/2006 in which summon was issued to the respondent/non-applicant. The summon was returned back with the report that respondent refused to accept the same and on the basis of this, respondent was proceeded an ex parte and final order dated 30-10-2006 Annexure R/3 was passed against the respondent thereby a probate was granted in favour of the petitioner.

( 3. ) THE respondent asked the petitioner to vacate the acco