JUDGMENT

1. The present Miscellaneous Petition has been filed for revocation of the probate dtd. 31/3/2016 granted by this Court in respect of the Will dtd. 22/6/1989 of one Malatibai Rajaram Parshetye ("the deceased").

2. Petitioner seeks revocation of probate under Sec. 263(b) of the Indian Succession Act, 1925 ("the said Act") which reads thus:-

"263. Revocation or annulment for just cause---The grant of probate or letters of administration may be revoked or annulled for just cause.

Explanation.-- Just cause shall be deemed to exist where-

(a) .....

(b) the grant was obtained fraudulently by making a false suggestion, or by concealing from the Court something material to the case; or

(c) .....

(d) .....

(e) .....

The main ground on which revocation is sought is that the Respondent had obtained probate fraudulently by falsely representing in Testamentary Petition LGC 2 of 20 3 MPT-62.21&IA-150.23.doc No.1124 of 2012 ("the Testamentary Petition") that the Respondent was the only legal heir and next of kin of the deceased in accordance with the provisions of the Hindu Succession Act, 1956 when in fact:-

(a) the deceased had other legal heirs through the late husband of the deceased (