Usha Mehta v. State & Anr.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• • FAO 450/2016

USHA MEHTA ..... Appellant Through Mr.Rajiv K. Garg, Mr.Ashish Garg, Advocates versus STATE & ANR ..... Respondents Through Mr.Sanjeev Sharma, Advocate for respondent No.2.

CORAM: HON'BLE MR. JUSTICE J.R. MIDHA

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O R D E R 15.02.2019

1. The appellant has challenged the order dated 06^th May, 2016 whereby the learned Trial Court dismissed the restoration application. The appellant has also challenged an order dated 18^th July, 2016 whereby the learned Trial Court dismissed the application for review of the order dated 06^th May, 2016.

1. The appellant filed a petition for probate of the will of late Brij Rani Mehta being P.C. No.26/2008 which was dismissed in default on 27^th March, 2015. The appellant filed an application for restoration of the petition on 25^th April, 2016 on the grounds that the appellant was bedridden due to ill health; the counsel was regularly appearing earlier before the Court; one witness to the will had already been examined and the other attesting witness to the will was in the process of cross-examination; the appellant came to know of the dismissal of the petition when she received the notice of the partition suit filed by respondent No.2 on 09^th April, 2016