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2022 Supreme(Pat) 1020

NAWNEET KUMAR PANDEY
Sudhir Kumar Singh Son of Nageshwar Singh – Appellant
Versus
Dharnidhar Jha Husband of Late Smt. Sudhira Jha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjay Singh, Ms. Aprajita, Mr. Animesh Kumar, Mr. Brisketu Sharan Pandey, Adv.
For the Respondent: Mr.Ambuj Nayan Chaubey, Adv.

ORDER :

1. The present petition has been filed under Article 227 challenging the order dated 14.01.2020 passed by the District Judge, Darbhanga in Probate Revocation Case No. 17/2019 whereby the learned District Judge rejected the petition dated 08.11.2019 filed on behalf of the petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908, hereinafter referred to as ‘the Code’.

2. Brief facts of the case is that petitioner Sudhir Kumar Singh, son of Sri Nageshwar Singh, filed Probate Case No. 07/2018 on the basis of registered will deed dated 15.05.1966, executed by his grandfather, late Shatrughan Singh. It was mentioned in the probate petition that after executing the deed of will, the testator handed over it to the petitioner but that was destroyed. Thereafter, the petitioner obtained certified copy of that deed and applied for probate. The final order was passed and will was probated, vide order dated 17.12.2018 and a certificate was issued of the probate of will on 20.12.2018. Thereafter, the respondent No. 1, Smt. Sudhira Jha, (now has died and substituted by her heirs and legal representatives) filed revocation petition on 13.09.2019, which was registered as revocat

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