IMPORTANT POINTS
Applications under Article 137 not confined to application under CPC. Applies to letters of administration as well.
Grant of Letters of administration are in rem and constitute notice to all.

JUDGMENT

S. RAVINDRA BHAT, J.

1. This appeal by special leave questions the decision of the Bombay High Court affirming the rejection of an application for revocation of letters of administration granted to the respondent, (hereafter “the LOA holder”), in respect of the will of deceased Mrs. Antoinette Bendre Bhagwat (hereafter “Antoinette”).

2. Antoinette was the wife of Balaji Balwant Bhagwat (hereafter “Balaji”). The couple were permanent residents of California, US and were US citizens. Balaji predeceased Antoinette, bequeathing all properties to her. She died on 23.1.1981 at Alhambra, Los Angeles County, California. U.S.A. In her last will dated 24.6.1977, she bequeathed her properties to her husband. The will stipulated that in the event of Balaji predeceasing her, the property was to vest in an inter ­ vivos trust. The trust was created by the testatrix and her husband by a deed dated 24.6.1977. The Executor had filed a petition for probate of Antoinette’s will (Probate Case No. 662463 in the Superior Court of the State of California for Los Angeles County). It was probated on 26.2.1981.

3. On 02.11.1982, Dinkar Sambhaji Patole (hereafter “Patole”) as constituted attorney of the original executor’s successor, applied to the Bombay High Court (Petition No. 915/ 1982) for grant of letters of administration with an authenticated copy of the will annexed to the petition, in respect of the property and credit of the deceased, in the State of Maharashtra. Patole died during the pendency of proceedings which were continued by Dr. Surendra Manohar Parakhe who was duly brought on record. letters of administration were granted by the High Court by order dated 24.11.1994.

4. Ramesh Nivrutti Bhagwat, the appellant (hereafter “Ramesh”) claiming to be a relative of Antoinette’s husband, took out a notice of motion (No. 912 of 1997) in Petition No. 915/ 1982 (i.e. the original administration proceeding). That application (notice of motion) was allowed to be withdrawn, with liberty to initiate appropriate proceedings. Ramesh claimed that neither he nor his father, nor any other family member had notice of the administration petition. It was alleged that only when the respondent LOA holder applied for mutation of name of Rural Gospel and Medical Mission of India, on the basis of the letters issued by the court, did he come to know about it after making inquiries in the office of the High Court. Ramesh claimed that on 29.03.1997 he learnt that the respondent had obtained letters of administration in respect of the will of Balaji by filing another Petition No. 912/ 97. This was allowed to be withdrawn on 01.04.1998. He then filed an application for revocation on 29.07.1999.

5. Ramesh alleged that the LOA holder had not complied with the direction of the court granting letters of administration by preparing an inventory of the property and credits within six months, and further that he did not render accounts of the property and credits within one year. The other allegation was that letters of administration were obtained by suppression of material facts and by misleading the Court. The appellant alleged that his uncle, late Balaji, had established the Bhagwant Mukti Ashram and the name of the Ashram was mutated in the revenue records in respect of the property. The testatrix’s will and that of Balaji clearly showed that their intention was to use the property for charitable purposes. The appellant Ramesh also alleged that the Superior Court of California granted probate to John Graf Klotzle who was named as the successor by the earlier executor (Carl Kinsinger) and that the said executor appointed the respondent as his attorney for obtaining letters of administration. Therefore, it was alleged that the LOA holder was not appointed executor by the will. It was alleged that the probate was obtained from the Superior Court of California witho