Judgement

Appeal (No. 61 of 1926) from a decree of the High Court (March 6, 1925) reversing a decree of the District Judge of Patna (January 18, 1923).

The appellant, a minor, applied on January 22, 1922, under s. 50 of the Probate and Administration Act, 1881, to revoke a grant of probate of the will of her father, Alak Prasad ; the grant had been made by the District Court on August 23, 1915.

The petition alleged that no citation, or notice of the application for probate, had been served upon her or upon her mother Thakurani Kuer, since deceased; that Gyan Prakash (who was the chief beneficiary under the will) had been a party to a conspiracy and systematic fraud by which knowledge of the proceedings, and the opportunity to oppose them, had been withheld from the petitioner and from her mother ; and that the will had been fabricated by Gyan Prakash and his father, both since deceased.

Objections to the application were filed by the present respondent, the minor widow of Gyan Prakash.

The facts and the material terms of s. 50 of the Act of 1881 appear from the judgment of the Judicial Committee.

By s. 69 of the Act a citation, in addition to being fixed up in the places therein pr