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2006 Supreme(Pat) 566

Sharda Devi – Appellant
Versus
Santosh Kumar Sinha – Respondent


Advocates appeared:
For the Petitioner: Mr. Dhanendra Choubey.
For the Opp. Party: Mr. Bajrangi Lal.

ORDER

Heard.

2. This is an application by the petitioner against the order passed by the District Judge, Patna in Revocation Case No. 109 of 2000 by which the learned District Judge has dismissed the case as barred by limitation. The parties were noticed and have appeared and argued at length.

3. One late Ishwari Prasad son of late Tejan Lal died on 7.8.1970. The opposite party Santosh Kumar Sinha filed a Letter of Administration Case No. 21 of 1976 before the District Judge, Patna based on a will dated 5.8.1970 said to have been executed by said late Ishwari Prasad. The Letter of Administration was granted by the District Judge, Patna on 17.12.1987.

4. The case of petitioner was that in course of mutation proceedings recently she carne to know of the said proceedings and, as such, being the daughter of late Ishwari Prasad, she filed the Probate Case. On notice being issued, the opposite party who had been granted the Letter of Administration for the estate of late Ishwari Prasad appeared and objected. He clearly stated that the petitioner had knowledge of these proceedings as far back as in 1981 which is evident from an earlier revocation proceedings initiated by her being Revocation



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