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1977 Supreme(Pat) 237

S.K.CHOUDHURI
Narayan Sah, Applicant – Appellant
Versus
Sm. Devaki – Respondent


Judgment

1. This revision by the objector in a proceeding for grant of probate is directed against the order dated 28-6-1975, passed by the Additional District Judge, First Court, Muzaffarpur, holding that the objector has no locus standi to oppose the grant of probate or letters of administration.

2. It is not disputed that one Dhanraj Sah died leaving two widows, namely. Anurago Kuar and Inder Kuar. It is said that Anurago Kuar executed a will on 29-10-1908, in favour of the opposite party Deoki Devi with respect to her half share in her husbands estate. The aforesaid Devaki Devi claimed herself to be grand-daughter-in-law of Kapur Chand who was the brother of the testator. Anurago Kuer died on 13-1-1966. According to the opposite party the original will was in possession of the testator and in spite of search it was not available after her death and accordingly an informative petition was filed before the Sub-divisional Officer to that effect. On 12-4-1966, the aforesaid Devaki Devi filed an application for grant of probate which was registered as probate case No. 11 of 1966. Inder Kuer, the second wife of Dhanraj Sah (deceased) filed a case on 21-7-1966. In the said objection va















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