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2006 Supreme(Cal) 517

MANIK MOHAN SARKAR, GIRISH CHANDRA GUPTA
ASHOK KOTHARI – Appellant
Versus
DIPTI BAVISHI – Respondent


Advocates Appeared:
DHRUBA GHOSH, Kumkum Agarwalla, PRADIP GHOSH, S.K.KAPOOR, SUMAN DUTTA

( 1 ) THIS appeal is directed against an order dated 20th February, 2006 by which the learned trial Court revoked the grant of Probate Holding "that the citation issued by this Court in terms of the Court's order was not delivered upon the petitioner through the postal communication. "

( 2 ) THE learned Court negatived the contention that the letter dated 14th January, 2001 written by the sister of the executor, during the lifetime of the testator, establishes that she had no objection to the grant of Probate. The learned Trial Court has impliedly suggested that a sharp practice was perpetrated upon the Court by the appellant in obtaining the grant which is illustrated by the fact that the appellant himself had lodged a caveat and he thereafter obtained an order discharging the caveat whereby an impression was given that the contention had ceased to exist whereupon the grant was made. Lastly, it was found that there was admittedly in existence a codicil which was not brought to the knowledge of the Court.

( 3 ) AGGRIEVED by the order revoking the grant, the executor has come up before this court in appeal. Mr. Kapoor, learned senior advocate appearing in support of the appeal drew







































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