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1951 Supreme(Cal) 69

GUHA, R.P.MOOKERJEE
ATULA BALA DASI – Appellant
Versus
NIRUPAMA DEVI – Respondent


Advocates Appeared:
HARI PROSONNA MUKHERJEE, LALA HEMANTA KUMAR, Sudhir Kumar Dutta

R. P. MOOKERJEE, J.

( 1 ) THIS is an application in revision on behalf of the D. Hs. against an order passed by the Dist. J. of Birbhum staying the sale in Title Execution Case No. 7 of 1950. The opposite parties are the applicants for the grant of letters of administration in respect of a will left by one Saradindu Roy. The D. Hs. who are the petitioners before this Court, had obtained a decree against Amal, one of the sons of Saradindu. They had proceeded to execute the decree against Amal and had prayed for the sale of certain properties which had been inherited by Amal from Saradindu. Claims were filed by the wife and the daughter of Amal as also by the brother's son Amal contending that the properties which were about to be put up to sale did not belong to Amal. The claims as made were dismissed. No suit, it is stated, has yet been filed under Order XXI, Rule 63, Civil P. C. Near about the time when the claim petitions were dismissed, an application was filed by the wife and the daughter of Amal for the grant of letters of administration of a will alleged to have been left by Saradindu. Immediately after this application had been filed the said petitioners moved the probate C










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