Court No. - 33 Case :- TESTAMENTARY CASES No. - 17 of 2010 Petitioner :- In The Mater Of The Goods Of Late Swami Nath Petitioner Counsel :- P.R. Maurya,R.D. Kushwaha Hon'ble Pankaj Mithal,J.
Affidavit of service filed today is taken on record.
This is an application for grant of Letters of Administration of the Estate of
late Swami Nath son of late Raja, resident of Harpur, Tappa Haveli, Pergana
Sidhuwa Jobna, Tehsil Tamkuhiraj, district Kushinagar with the Will dated
4.5.2003.
Rule 7 of Chapter XXX of the Allahabad High Court Rules, 1952 provides
that where the application is for grant of Letters of Administration with the
Will annexed it shall be accompanied by annexure (a) referred to in Rule 5.
Rule 5(a) provides for filing of an affidavit of one of the attesting witnesses to
the Will. No such affidavit of any attesting witness to the aforesaid Will has
been filed.
Learned counsel for the petitioner prays for and is allowed a month’s time to
file affidavit of one of the attesting witnesses to the Will as contemplated by
Rule 5(a) of Chapter XXX of the Allahabad High Court Rules, 1952.
List thereafter.
Order Date :- 10.5.2010
BK