Back
ARUN KUMAR JHA
Shakuntala Devi – Appellant
Versus
Sri Sri 108 Mahabir Jee – Respondent
Arun Kumar Jha, J. – The instant civil miscellaneous petition has been filed by the petitioner to challenge the order dated 30.08.2023 passed by the learned Additional District Judge-I, Purnea in Misc. Case No. 59 of 2019 filed for restoration of Probate Case No. 09 of 1997/converted into Title Suit No. 02 of 2000, which has been allowed.
2. Briefly stated, the facts of the case are that the respondent -1st set filed a probate case bearing No. 09 of 1997 for probate of the Will of one Mukur Chand Modi. Mukur Chand Modi made and published his last will and testament appointing respondent- 1st set as sole executor. The testator died on 10.08.1997. The details of the property have been mentioned in Schedule-1 of the probate petition. After issuance of notice, original defendants appeared on 10.07.1998 and filed their written statement. The petitioner is the daughter of testator- Mukur Chand Modi. The original defendants were the mother and the brothers of the petitioner. They admitted that the land in question in Probate Case No. 09 of 1997 was allotted in the share of Mukur Chand Modi after a partition took place between Mukur Chand Modi and his brothers. Thereafter on 07.04.1981 furt
Litigants are not penalized for their Advocate's negligence; restoration of a suit can be granted based on demonstrated sufficient cause for non-appearance.
The court upheld the trial court's discretion in rejecting the application to restore a suit dismissed for default, finding no sufficient cause for the appellants' absence during proceedings.
The service of notice to any adult family member, including a female, is valid despite local amendments restricting it to male members, thus upholding the decree passed. Refusal to appear without suf....
In matters of suit restoration, courts should prioritize justice and merits over default while ensuring adequate compensation for the opposing party's hardships.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
