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1981 Supreme(Pat) 19

B.P.JHA
Kalika Singh – Appellant
Versus
Awadhesh Narain Singh – Respondent


Judgment

B.P.Jha, J.

1. I shall dispose of these two civil revision petitions (C.R. 1285 of 1981 and C.R. 1404 of 1981) by a common judgment.

2. Learned Counsel seeks permission to withdraw C.R. 1285 of 1981. The permission is allowed and the civil revision petition (C.R. 1285 of 1981) is dismissed as withdrawn.

3. Now I shall deal with C.R. 1404 of 1981, which is against an order dated 30th May, 1981, By the impugned order the Court below held that the petitioners have no locus standi to enter as caveators as they are not claiming any interest in the estate of the deceased.

4. This matter arises out of a probate proceeding. The opposite party filed an application for grant of a probate. The petitioners filed an objection to the grant of probate and they entered as caveators in the probate proceeding. It is stated in paragraph 10 of Annexure 1 as follows:

10. That the trustees are that Pyari Singh and Dwarika Singh the father of the objectors were first cousins, Pyari Singh died issueless. about 40 years ago in a state of jointness and all the properties devolved upon Dwarika Singh by survivorship who came in full possession of the same and after his death these objectors are in pos








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