opposed by filing reply to the application. It is not disputed that at the time of filing of the suit, Smt. Sita Rani, the mother of the petitioner-plaintiff and respondent was alive but at that time, no relief was sought on the basis of said Will. The mother of petitioner expired on 10.12.2012 and thereafter, her legal heirs were also brought on record. The issues were also framed on 27.11.2014 and thereafter, entire evidence of petitioner-plaintiff and respondents has been produced on record. All the witnesses have also been cross-examined. Nowhere it has been mentioned in the application as well as in the arguments that the factum of Will was not in the knowledge of the petitioner. The suit was filed on 09.06.2012 and the application has been moved on 26.05.2016 i.e., after a delay of approximately four years. Nothing has been mentioned as to how the delay was there and why subsequently, the application has been moved. Simply it has been stated that an inadvertent mistake had occurred due to lack of legal advice. Moreover, Sita Rani was one of the defendants in the case and after her death, the present application has been filed.
