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1999 Supreme(Bom) 995

S.S.NIJJAR
Perviz Sarosh Batliwalla and another – Appellant
Versus
Viloo Plumber and another – Respondent


JUDGMENT - S.S NIJJAR, J.:---This petition has been filed for revocation of the probate granted in favour of Mrs. Viloo B. Plumber on 21st November, 1997.

2.It is the submission of the learned Counsel for the petitioners that the Will is forged and fabricated. It is further submitted that the material facts have been concealed from this Court. It is further submitted that the grant of probate suffers from infirmities as set out in section 263 of the Indian Succession Act. The proceedings are said to be defected, in that no citation has been issued to any person. The grant is said to have been obtained fraudulently by making false statement and by concealing from the Court material facts. The grant has been obtained by means of untrue allegations with regard to facts as well as law. It is further submitted that the person to whom the grant has been made has willfully and without reasonable cause omitted to give an inventory for account in accordance with the provisions of Chapter 7 of the Act.

3.The learned Counsel for the respondents has submitted that this petition is not maintainable at the instance of the petitioners. They have no locus standi whatsoever to maintain this petition,














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