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2. That the present proceedings have been instituted primarily under Section 301 of Indian Succession Act, 1925.

3. That the incumbent executor vide his letter dated 30.09.2013 (Ann.7) had expressed his 'no-objection' in case a substitute executor is appointed.

4. That even otherwise, by virtue of Section B of Chapter XXX of Rajasthan High Court Rules testamentary proceedings, in the nature of instant proceedings, have been deemed to be non-contentious business (where the contest has terminated). In the instant case, the contest terminated with grant of probate dated 12.01.2006 (Ann.4).

5. That in the given background the incumbent executor's failure to discharge his duties has caused serious prejudice to deponent as the deponent has not been able to enjoy the legitimate rights flowing from the will of the testator. The only controversy which remains before this Hon'ble Court is to appoint a suitable substitute executor.

6. That the Applicant seeks the liberty to suggest the following names to be considered by this Hon'ble Court for the purpose of appointing substitute executor.