PRAVENDU NARAYAN SINHA, BHASKAR BHATTACHARYA
UMA ADDHYA – Appellant
Versus
BIREN MONDAL – Respondent
( 1 ) THIS is an application for review of a judgment and decree passed by a Division Bench of this Court by which an appeal preferred against the revocation of grant of probate has been disposed of in terms of the compromise between the parties.
( 2 ) MR. Roy, the learned Advocate appearing on behalf of the applicant, at the very outset, submits before us that there is an error apparent on the face of the decree sought to be reviewed herein, inasmuch as, an Appellate Court dealing with an appeal against revocation of the grant of probate cannot dispose of such an appeal and set aside the order of revocation on the basis of the compromise effected by some of the natural heirs of the testator. Mr. Roy submits that the learned Trial Judge having revoked the grant of probate on sufficient cause and an appeal having been preferred against such order of revocation, the Appellate Court could set aside such order only on being satisfied that the order of revocation was unjustified. Mr. Roy draws attention of this Court to the fact that some of the heirs of the deceased testator made a compromise during the pendency of the appeal thereby deciding to divide the pr
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