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1964 Supreme(Pat) 3

A.B.N.SINHA
Dular Kuer – Appellant
Versus
Kesar Kuer – Respondent


Judgment

A.B.N.Sinha, J.

1. This appeal under Sec.299 of the Indian succession Act, 1925 (Act 39 of 1925) is against the order dated the 27th November, 1962 of the First Additional District Judge, Gaya, rejecting the appellants application for revocation of the probate dated the 10th April, 1954 granted to respondent No. 1, who was the sole legatee under a wilt dated the 1st. December, 1949 executed by her father, Bhuin Prakash, who died about twenty days later on the 21st December, 1949. The testator died leaving two daughters, namely, Manwati Kuer and Keshar Kuer (respondent No. 1). The former died in the year 1951 leaving two sons and two daughters; the sons being Rajkishore and Awadhkishore, and the daughters being Sidheshwar Kuer and Dular Kuer (appellant). The application for probate was made on the 14th December, 1953, and citations were issued to Rajkishore for self and as guardian of his minor brother Awadhkishore. No caveat was entered, and probate was granted, as mentioned above, on the 10th April, 1954. On the 13th November, 1959, the present appellant, srimati Dular Kuer, one of the daughters of Manwati Kuer, filed her application for revocation on the grounds intsr ali














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