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1995 Supreme(Pat) 192

SACHCHIDANAND JHA
In Re – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This order will dispose of the caveat filed by Smt. Manorama Devi objecting to grant of probate of the Will of late Rajo Singh. The applicant has challenged the locus standi of the caveator. The relevant facts are as follows : Rajo Singh died issueless leaving behind a widow Smt. Gaytri Devi on 5/06/1974. Ramautar Singh alias Ganesh Shanker who claims to be his nephew filed the application for grant of probate of the Will said to have been executed by Rajo Singh on 19/05/1972. Notice of the application was issued to Gaytri Devi. A general citation was also published in the newspaper. On 9/04/1991 Gayatri Devi appeared and filed two petitions, one for transfer of the case to the District Judge, Gaya and the other, to dismiss the application for probate. By orders passed on 13/12/1991 and 27/03/1992 respectively, the petitions were rejected with an observation that she may file caveat in accordance with law. It may be stated here that the said two petitions had been verified and affidavited by Smt. Manorama Devi describing herself as Bhabhi (brothers wife) of Gayatri Devi. Thereafter two witnesses were examined and discharged on July 10 and July 31, 1992. Gayatri Devi file























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