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1975 Supreme(Pat) 133

HARI LAL AGRAWAL
Bindeshwari Pander – Appellant
Versus
Kari Devi – Respondent


Judgment

1. The only question falling for my consideration in this revision application by the petitioner is, whether a probate Court can grant copy of a will to an objector on his merely entering appearance in the proceeding.

2. The relevant facts are these. The petitioner has filed a petition before the District Judge, Gaya, for grant of probate of an unregistered will dated the 5th February, 1970, executed by one Sukha Kuer in his favour. The executrix was his maternal grand-mother. General as well as special citation was issued to the heirs and legal representatives of the executrix, in response whereof Opposite Party No. 1 entered appearance. On her mere appearance, the learned District Judge had earlier passed an order on 16-4-1973 for converting the proceeding into a regular title suit. Later on, on the objection of the petitioner that the probate case could not be converted into a title suit unless a caveat was filed by opposite party No. 1 and the contentions raised by her could not be disposed of in this summary proceeding, the learned District Judge by his order dated 19-1-1974 seems to have recalled the earlier order dated 16-4-1973 converting the proceeding into a title




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