* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO.No.269/1995
% Reserved On: 06.12.2010
Decided On: 13.12.2010
MAHINDER PAL GUPTA AND ANR. ....... Appellants
Through: Mr. Rajat Katyal, Adv.
Versus
NARENDER PAL MAHAJAN & ORS. .... Respondents
Through: Mr. Rajinder Arya, Adv. for R-1 & 2
CORAM:
HON'BLE MR. JUSTICE MOOL CHAND GARG
1. Whether reporters of Local papers may be Yes
allowed to see the judgment?
2. To be referred to the reporter or not? Yes
3. Whether the judgment should be reported in Yes
the Digest?
: MOOL CHAND GARG,J.
1. The appellants are aggrieved of the judgment delivered by the
learned ADJ in Probate Case No.66/1995 whereby the learned ADJ has
granted probate on the Will left by Late Sh. Raghubir Dass Mahajan
(hereinafter referred to as „the testator‟) dated 14.11.1985 which was
duly registered in the office of Sub Registrar, Kashmere Gate, Delhi in
favour of the respondents, namely, Sh. Narender Pal Mahajan, Sh.
Rajender Pal Gupta, Smt. Manorma Mahajan. The testator expired on
14.03.1997 and on the date of his death, he left behind him besides the
appellants, his two daughters namely Smt. Manorama Mahajan, Ms.
Santosh Kumari Mahajan and a son Sh. Mahinder Pal Gupta, who is
appellant No.1 in this case. By way of the Will in question the deceased
bequeathed the built up property bearing No.11/32, Subhash Nagar,
New Delhi in favour of two sons but excluded his other children namely
Smt. Manorama Mhajan, Ms. Santosh Kumari and Sh. Mohinder Pal
Mahajan. The other two sons being the beneficiary under the Will
applied for the grant of probate in respect of the estate left by the
deceased father.
FAO No. 269/1995 Page 1 of 12
2. After notice of the petition was ordered to be served upon the
appellant and other relatives whose names were mentioned in
Schedule-B annexed with the petition and citations were issued to the
general public, one of the daughters of the deceased, namely, Smt.
Manorama Mahajan gave no objection while the other two children,
namely, Mahinder Pal Gupta and Ms. Santosh Kumari who are the
appellants in this Court filed objections to the grant of probate of the
Will and raised various objections. This appeal was dismissed in limine
by a predecessor of this Court vide order dated 02.02.1996. However,
after the appellant approached the Supreme Court, the matter was
remanded back to this Court vide order dated 02.09.1996 passed in
Civil Appeal No.11467/1996 titled as Mahinder Pal Gupta & Anr. Vs.
Narender Pal Mahajan & Ors. with a direction to hear the matter afresh
and to decide the appeal on merits.
3. In view of the aforesaid directions of the Supreme Court, the
matter has been re-heard on merits. According to the appellants, the
Will dated 14.11.1985 is a forged and fabricated document. It does not
bear the signatures of their deceased father, Sh. Raghubir Dass
Mahajan. It is further stated that the deceased was not having sound
and disposing condition either on 14.11.1985 or on 27.12.1985 i.e. on
the date when the Will is alleged to have been executed and the date
when the Will was registered. It is also pleaded that the deceased had
lost one eye in his young age and his other eye was also defective due to
chronic ulcer. It was stated that it was impossible for the testator to
have executed the Will in question and presented the same for
registration before the Sub-registrar. It was alleged that the Will was a
result of criminal conspiracy between the petitioners and the attesting
witnesses who are closely related to each other and, therefore, it was
prayed that the probate petition be dismissed.
4. The learned ADJ has framed the following issues:
“1. Whether Late Sh. Raghubir Dass Mahajan executed a
valid Will dated 14-11-1985 while in sound and
disposing mind?
2. Relief?”
FAO No. 269/1995 Page 2 of 12
5. Parties led evidence. The beneficiaries, namely, Sh. Narender Pal
Mahajan, (R-2) and Sh. Rajender Pal Gupta (R-3) examined two
attesting witnesses, namely, Sh. Man Singh Bhardwaj and Sh. Suraj
Prakash Gupta PW2 and PW3 respectively to prove the execution and
attestation of the Will. Sh. Narender Pal Mahajan, himself appeared as
his own witness as PW-1. On the other hand from the side of the
objectors, Sh. Charanjit Singh appeared as RW-1, Sh. Dhara Singh,
UDC from L&DO Office appeared as RW-3. The objector, Sh. Mahinder
Pal Gupta himself appeared as RW-3.
6. The learned ADJ vide the impugned order decided issue No.1 in
favour of the beneficiaries and held that the objectors were not able to
prove any of the suspicious circumstances with regard to the execution
and attestation of the Will. It was stated that the testimony of the two
attesting witnesses goes to show that the Will was executed by the
deceased testator in their presents and they signed the Will in the
presence of the testator and in presence of each of them and therefore,
the execution and attestation of the Will was in accordance with the
provisions contained in Section 63(c) of the Indian Succession Act and
as well as the provisions contained under Sections 68 to 72 of the
Evidence Act. It would be appropriate to take note of the aforesaid
provisions, which read as under:
The Indian Succession Act, 1925
63. Execution of unprivileged Wills.- Every testator, not
being a soldier employed in an expedition or engaged in
actual warfare, [or an airman so employed or engaged,] or a
mariner at sea, shall execute his Will according to the
following rules:-
(a) The testator shall sign or shall affix his mark to the
Will, or it shall be signed by some other person in his
presence and by his direction.
(b) The signature or mark of the testator, or the signature
of the person signing for him, shall be so placed that it shall
appear that it was intended thereby to give effect to the
writing as a Will.
(c) The Will shall be attested by two or more witnesses,
each of whom has seen the testator sign or affix his mark to
the Will or has seen some other person sign the Will, in the
presence and by the direction of the testator, or has received
from the testator a personal acknowledgement of his
FAO No. 269/1995 Page 3 of 12
signature or mark, or of the signature of such other person;
and each of the witnesses shall sign the Will in the presence
of the testator, but it shall not be necessary that more than
one witness be present at the same time, and no particular
form of attestation shall be necessary.
The Indian Evidence Act, 1872
68-Proof of execution of document required by law to be
attested.- If a document is required by law to be attested, it
shall not be used as evidence until one attesting witness at
least has been called for the purpose of proving its execution,
if there be an attesting witness alive, and subject to the
process of the Court and capable of giving evidence:
[Provided that it shall be necessary to call an attesting
witness in proof of the execution of any document, not being
a Will, which has been registered in accordance with the
provisions of the Indian Registration Act, 1908 (16 of 1908),
unless its execution by the person by whom it purports to
have been executed is specifically denied.]
69. Proof where no attesting witness found.- If no such
attesting witness can be found, or if the document purports
to have been executed in the United Kingdom, it must be
proved that the attestation of one attesting witness at least is
in his handwriting, and that the signature of the person
executing the documents is in the handwriting of that
person.
70. Admission of execution by party to attested
document.- The admission of a party to an attested
document of its execution by himself shall be sufficient proof
of its execution as against him, though it be a document
required by law to be attested.
71. Proof when attesting witness denies the
execution.- If the attesting witness denies or does not recollect
the execution of the document, its execution may be proved by
other evidence
72. Proof of document not required by law to be
attested.- An attesting document not required by law to be
attested may be proved as if it was unattested.
7. Thus, it will be seen that to prove the execution and attestation of
the Will by deceased testatrix it is required to be proved that the
testator signed or thumb marked the Will in the presence of the
witnesses and each of them signed the Will in presence of the testator
and in presence of each of them while the testator was possessed of
sound and disposing mind. It should be established that at the time of
FAO No. 269/1995 Page 4 of 12
the disposition the testator had sufficient memory and intelligence to
form a proper judgment regarding it and should have freely decided to
make it.
8. Referring to the statement made by PW-1, Sh. Narender Pal
Mahajan who is also a beneficiary of the Will, it has been observed that
on oath he has deposed that his father Sh. Raghubir Dass Mahajan
died on 13.03.1987. He proved his death certificate Ex.PA and it is
stated by him that his father had handed over his Will to him in
February, 1987 before his death. He identified the signatures of his
father in Urdu and in English on the Will mark A. He stated that the
signatures of his deceased father appear on the Will mark A at point X-
1 and X-8. It is further deposed by him that his father was keeping
good health and was mentally sound at the time of execution of the Will
in November, 85. No suggestion has been given to PW-1 Sh. Narinder
Pal Mahajan to suggest that the Will mark A does not bear the
signature of the testator at points X-1 to X-8 as deposed by the
petitioner No.1(PW-1) in his examination-in-chief.
9. By referring to the statement made by PW-2 Sh. Man Singh
Bhardwaj, it has been observed that on oath, he stated that he knew
Raghubir Dass Mahajan for about 25 years before his death. Mr.
Bhardwaj further stated that on 14.11.1985, he had gone to the house
of the deceased Sh. Raghubir Dass Mahajan where Sh. Rajinder Arya,
Advocate and one Sh. Suraj Prakash Gupta were already present in the
house of Sh. Raghubir Dass Mahajan, On that day he was shown the
Will mark A by the deceased Sh. Raghubir Dass Mahajan which was
read over and explained to the testator by Sh. Rajinder Arya, Advocate.
It is further deposed by PW-2 Sh. Bhardwaj that the deceased testator
after accepting the contents of his Will to be correct, put his signatures
in English and in Urdu on Will Ex. PB in his presence and also in the
presence of other attesting witnesses. Sh. Suraj Prakash Gupta and
Sh. Rajinder Arya, Adv. PW-2 further stated that after the testator put
his signatures on the Will Ex. P1, he also signed on the said Will at the
same time and in the presence of Sh. Raghubir Dass Mahajan, Sh.
Suraj Praksh Gupta and Sh. Rajinder Arya, Adv. Sh. Suraj Parkash
Gupta who was also there at the house of the deceased testator signed
FAO No. 269/1995 Page 5 of 12
the Will Ex. PB in his presence and also in the presence of Sh. Raghubir
Dass Mahajan, Sh. Suraj Parkash Gupta who was also there at the
house of the deceased testator signed the Will Ex. PB in his presence
and also in the presence of testator and Sh. Rajinder Arya, Adv. PW-2,
Mr. Bhardwaj identified the signatures of the deceased testator Sh.
Raghubir Dass Mahajan on the Will Ex.PB at point X-1, X-2 and X-5 to
X-8. He stated that his signatures on Will mark PB are at points Y1 to
Y3 and that of Sh. Suraj Parkash Gupta is at points Z-1 to Z-3. It is
deposed by Mr. Bhardwaj that the testator as well as both the attesting
witnesses including himself had signed the Will on the same date i.e. on
14.11.85 in presence of each other. He also identified the signatures of
Sh. Rajinder Arya, Adv. at point Z-4 on the Will Ex.PB. This gentleman
has also deposed that the testator was in sound state of health at the
time of executing his will. He further stated that after the testator had
executed the Will, Ex.PB, he along with testator and Shri Suraj Prakash
Gupta and Shri Rajinder Arya, Adv. went to the office of Sub-Registrar
for registration of the said Will where the said Will was got registered.
The testator had signed the Will Ex.PB at points X-3 and X-4 before the
Sub-Registrar. PW-2, Mr. Bhardwaj signed the Will at mark Y-4 and
Shri Suraj Parkash Gupta signed the Will at point Z-5 before the Sub-
Registrar. Other attesting witnesses, PW-3 Shri Suraj Parkash Gupta,
who has been examined by the propounders of the Will has also
identified the signatures of the testator as well as his own signatures
and the signatures of Shri Bhardwaj on Will Ex.PB. It is deposed by
PW-3 Shri Suraj Parkash Gupta that he also signed the Will Ex.PB as
an attesting witness in presence of the testator and PW-2 Shri Bhardwaj
and that they all had signed in presence of each other.
10. It is, however, interesting to note that despite this being the case
of the appellants that the Will was a forged and fabricated document,
they had not given any suggestion to the attesting witnesses or to
respondent No.1, who appeared as PW-2 that the Will in question was a
forged document. He also gave no suggestion that somebody else has
personated as the deceased testator by putting his signatures on the
Will Ex.PB. Even though the appellants examined one Charanjit Singh
as RW-1 to falsify the statement of the witnesses examined by the
FAO No. 269/1995 Page 6 of 12
beneficiaries, even though the said witnesses deposed that he knew the
deceased testator for about 25 years and was a neighbor and had also
seen the testator signing the documents, and that the Will Ex.PB was
not bearing signatures of the testator, Sh. R.D. Mahajan. In his cross-
examination, he stated that he had seen the signatures of the deceased
casually and saw him signing only once or twice and that was 7-8 years
back. RW-1, could not tell how many sons or daughters the deceased
had. There are also no suggestions as to the incapacity of the testator
only on account of there being a defect in one of his eye sight while he
being blind by one eye.
11. The learned ADJ, therefore, rightly observed that no credence
could be given to the statement of Charanjit Singh so as to bely the
deposition of the attesting witnesses. Moreover, one of the witnesses
produced by the appellants, Sh. Mahinder Pal Gupta, RW-2 has also
admitted that one of the attesting witnesses, namely, Sh. Suraj Prakash
Gupta was a common relative of the parties being their brother-in-law
i.e. the husband of their cousin sister. The learned ADJ has observed
that no reasons have been given by the appellants either in their
objections or in the cross-examination of the petitioner or even in their
own testimony as to why PW-3, Sh. Suraj Prakash Gupta has deposed
against them. The learned ADJ has also observed that there is no
dispute with regard to the registration of the Will which itself gives
credence, validity and authenticity about the Will in question.
12. Another objection that the Will was not containing the signatures
of the deceased testator as taken by the appellants has also been
considered by the learned ADJ in para-15 of the impugned order. The
observations made in the other paragraphs which are very relevant are
reproduced hereunder:
15. It has been vehemently argued by Mr. malhotra,
learned counsel for the objectors that the signatures of the
testator on Will Ex.PB does not tally with his signatures on
the documents produced by RW-3 Shri Dhara Singh, an
official from L&DO office. RW-3 Shri Dhara Singh on
directions of the court has tendered in evidence two original
letters dated 21.05.69 and 30.06.69 and copy of a lease deed
dated 19.12.68 purported to be bearing the signatures of the
deceased, Shri Raghubir Dass Mahajan. Although, objectors
have disputed the signatures of the testator on Will Ex.PB
FAO No. 269/1995 Page 7 of 12
with his purported signatures on the documents produced
by RW-3 an official from L&DO office but they have not
produced any expert opinion to prove their contention that
signatures on Will Ex.PB are not that of the deceased. It
would be recalled that the objectors have not suggested
either to petitioner No.1 (PW-1) or to any of the two attesting
witnesses (PW-2 and PW-3) that somebody else had
impersonated as Raghubir Dass Mahajan and that the
signatures on the said Will purported to be his signatures
were appended by someone else. It would further be recalled
that all the three PWs have categorically stated in their
statement that the Will Ex.PB bear the signatures of the
deceased testator at points X-1 to X-8. It appears that the
objectors have admitted the said statement of the petitioner‟s
witnesses to be correct and therefore, they have not cross-
examined any of the petitioner‟s witnesses on the point of the
signature of the deceased. However, I, myself have examined
the general characteristic and formation of letters in the
signatures of the deceased on Will Ex.PB with that of his
purported admitted signatures on documents produced by
RW-3, Shri Dhara Singh and official from L&DO office and
on comparison of his signatures on two sets of documents, I
find that the style of formation of letters and the general
characteristic of the signatures of the deceased to be
common in both the said sets of documents. Thus, I am of
the considered opinion that the Will Ex.PB bears the
signatures of the deceased at various places and there can
be no manner of doubt in this regard. I do not find any
merit in the arguments of learned counsel for the objectors
that the Will has been forged by the petitioners.
13. The negligence or an intentional act on the part of the appellants
having not put any suggestion to the witnesses examined on behalf of
the beneficiaries regarding the signatures of the deceased testator being
not that of the testator and the comparison of the signatures made by
the learned ADJ himself along with admitted signatures on the Will in
question and having found the same to be that of the testator leaves no
room for doubt on the issue that the Will was signed by the testator.
14. As far as the argument addressed on behalf of the appellants that
it was highly unnatural and improbable to exclude the unfortunate
daughter, who was deserted by her husband from inheritance from the
estate left by deceased at the time of his death, it has been contended
on behalf of the appellants that Smt. Santosh Kumari, one of the
daughters of the deceased was deserted by her husband during the
lifetime of the deceased and she was living with him in his house.
According to them, there was no reason for the testator to disinherit her
FAO No. 269/1995 Page 8 of 12
from the estate and, therefore this casts a doubt on the validity of the
Will alleged to have been left by the deceased.
15. In this regard, reference has been made by the learned ADJ to the
contents of the Will and relevant portion has been narrated in the
judgment which reads as follows:
“I am also blessed with two daughters, namely Smt.
Manorma mahajan wife of Shri Dina Nath Mahajan aged
about 45 years and Smt. Santosh Kumari aged about 43
years. My first daughter is happily married and living in
Daulat Pur Chowk, Himachal Pradesh and I have spent a
handsome amount on the marriage of my above said
daughter according to my ability; hence she shall have no
share in my above said property. My second daughter
namely Smt. Santosh Kumari is a divorcee and at present
maintained by my second son namely Shri Mahinder Pal
Gupta aged about 41 years. As Smt. Santosh Kumari (my
second daughter0 and Shri Mahinder Pal Gupta (My second
son) are of quarrelsome nature and have created a lot of
problems for me, I hereby declare that they (Shri Mahinder
Pal Gupta and Smt. Santosh Kumari) shall have no right to
my above said property even after my death. Both Shri
Mahinder Pal Gupta and Smt. Santosh Kumari are living in
rear portion of my property No. 11/32, Subhash Nagar, New
Delhi -110027 and I am trying very hard to get my
house/portion from Shri Mahinder Pal Gupta and Smt.
Santosh Kumari vacated from both of them in my life time,
then both my sons to whom I bequeath my property i.e. Shri
Rajinder Pal Gupta and Shri Narinder Pal Mahajan, shall
have the absolute right to take back the possession of
portion in occupation of Shri Mahinder Pal Gupta who is
living therein with his wife and children besides Smt.
Santosh Kumari.”
16. Thus, the learned ADJ observed that there were reasons given by
the deceasd for excluding Sh. Mahinder Pal Gupta and Smt. Santosh
Kumari out of deriving any benefit from his estate and which was well
founded. At this stage, I may also observe that disheritance of one or
more legal heirs does not cast doubt on the veracity of the execution of
the Will or in isolation cannot be taken as a suspicious circumstance.
Reference can be made to the judgment of the Hon‟ble Supreme Court
in Ramabai Padmakar Patil (dead) through Lrs and Ors. Vs. Rukminibai
Vishbu Vekhande & Ors. (2003) 8 SCC 537 wherein it has been observed
as under:
FAO No. 269/1995 Page 9 of 12
“7. The main reason which weighed with the learned
District Judge in discarding the Will, which has also
appealed to the High Court, is that Smt. Yamunabai
completely disinherited her other daughters and gave the
entire property to Smt. Ramabai. In our opinion, the fact
that Smt. Yamunabai excluded all other daughters and gave
the entire property to the plaintiff Smt. Ramabai could not
be a ground to cast any doubt regarding the authenticity of
the Will in the facts and circumstances of the case in hand.
It is not a case of exclusion of a son who may have been
living with the parents or looking after them. It is a case of
making provision for a widowed daughter who had been left
a destitute on account of death of her husband at a very
early age. If the parental property was to be divided equally
amongst all the seven sisters, the share inherited by Smt.
Ramabai would have been quite small making it difficult for
her to survive. The house is situate in a village and is not in
a big town or city where it may have any substantial value.
In fact, if the background in which the Will was executed is
examined carefully, it would be apparent that this was the
most natural conduct of the mother and giving of equal
shares to all the daughters would have entailed a serious
hardship to the plaintiff Smt. Ramabai.
8. A Will is executed to alter the mode of succession and
by the very nature of things it is bound to result in either
reducing or depriving the share of a natural heir. If a person
intends his property to pass to his natural heirs, there is no
necessity at all of executing a Will. It is true that a
propounder of the Will has to remove all suspicious
circumstances. Suspicion means doubt conjecture or
mistrust. But the fact that natural heirs have either been
excluded or a lesser share has been given to them, by itself
without anything more, cannot be held to be a suspicious
circumstance especially in a case where the bequest has
been made in favour of an offspring. In PPK Gopalan
Nambiar v. PPK Balakrishnan Nambiar and Ors.
[1995]2SCR585 it has been held that it is the duty of the
propounder of the Will to remove all the suspected features,
but there must be real, germane and valid suspicious
features and not fantasy of the doubting mind. In this case,
the fact that the whole estate was given to the son under the
Will depriving two daughters was held to be not a suspicious
circumstances and the finding to the contrary recorded by
the District Court and the High Court was reversed. In
Pushpavati and Ors. v. Chandraja Kadamba and Ors.:
AIR1972SC2492 , it has been held that if the propounder
succeeds in removing the suspicious circumstance, the
Court would have to give effect to the Will, even if the Will
might be unnatural in the sense that it has cut off wholly or
in part near relations. In Rabindra Nath Mukherjee and Anr.
Panchanan Banerjee (dead) by LRs. and Ors.:
FAO No. 269/1995 Page 10 of 12
AIR1995SC1684 , it was observed that the circumstance of
deprivation of natural heirs should not raise any suspicion
because the whole idea behind execution of the Will is to
interfere with the normal line of succession and so, natural
heirs would be debarred in every case of Will. Of course, it
may be that in some cases they are fully debarred and in
some cases partly. The concurrent finding recorded by the
District Court and the High Court for doubting the
genuineness of the Will on the aforesaid ground was
reversed.”
17. Thus, when reasons are supplied, keeping one or all out of the
purview of the benefits of the estate by a testator, would not mean
suspicious circumstances so as to hold that the execution of the Will
itself be treated as doubtful. Reference can also be made to another
judgment of the Supreme Court in the case of Uma Devi Nambiar & Ors.
Vs. T.C. Sidhan (Dead) (2004) 2 SCC 321 where also while relying upon
the various provisions of the Succession Act, 1925 and in the context of
the word „suspicious‟, it has been observed that although the
propounder of the Will has to remove all suspicious circumstances but
mere exclusion of natural heirs or reduction of their share would not
itself amount to a suspicious circumstances, especially when the
bequest is in faovur of an offspring.
18. In view of the aforesaid read with the reasons supplied in the Will
itself by the testator for having disinherited the appellants from the suit
property, this circumstance also cannot be considered as a suspicious
circumstances for holding that the order granted by the learned ADJ
was not justified or calls for any interference. As regards, reference
made by the deceased testator regarding the exclusion of two
objectors/appellants, mentioning of the quarrelsome nature of those
persons having created lot of problems to the testator, Sh. Mahinder Pal
Gupta appearing as RW-2 in his examination-in-chief has deposed on
oath that during the life time of his father his father had partiioned the
property which has been bequeathed by the Will Ex.pB in two portions.
He stated that his father and both his brothers who are beneficiaries
under the Will were living in one portion of the property and he along
with his sister Smt. Santosh Kumari were living in the other portion of
the said property. RW-2 Shri Mahinder Pal Gupta candidly admitted in
his cross-examination that during the life time of the deceased,
FAO No. 269/1995 Page 11 of 12
deceased had erected a wall between his protion and the portion of the
objectors and he further admitted that the Wall was raised by his father
in August, 1985. It is further clarified by this gentleman in his cross-
examination that his deceased father was being looked after since 85 by
the petitioners and ever since then he was got treated and looked after
only by the petitioners. It is crucial to note that the will Ex.pb was
executed by the deceased on 14.11.85. The admission of RW-2 Shri
Mahinder Pal Gupta that his father had erected a partition wall between
the portions occupied by the objectors and that of the petitioners in
August, 1985 would show that the deceased was not maintaining good
relations with the objectors at the relevant time when the Will Ex.Pb
was executed by him in November, 85. It is mentioned by the deceased
himself in his will Ex.PB that both the objectors were of quarrelsome
nature and they had created lot of problems for him in his lfie time.
19. In view of the aforesaid, I find no reason to disturb the findings
returned by the learned ADJ. I may observe her that in this case a wall
has been constructed between the portion in which the appellants are
residing and the portion in which the beneficiaries under the Will are
residing which has been constructed as the deposed by Mahinder Pal
Gupta prior to the execution of the Will. This itself reflects upon the
intention of the testator and, therefore, anything said by the testator in
the Will now cannot be re-opened by the objector merely because they
have not received any share in the property.
20. For the reasons discussed above, I find no reasons to disturb the
findings returned by the learned ADJ. Accordingly, the appeal is
dismissed with no order as to costs.
CM No.4051/2008
The statement made by learned counsel for the respondent on
15.12.2009, which stands clarified on 10.03.2010 stands vacated.
Application stands disposed of.
MOOL CHAND GARG,J
DECEMBER 13, 2010
‘anb’
FAO No. 269/1995 Page 12 of 12