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2008 Supreme(Cal) 652

BISWANATH SOMADDER
Ajoy Kumar Maiti – Appellant
Versus
Anil Kumar Maiti – Respondent


Advocates:
Advocate Appeared:
Mr. S.P. Roychowdhury, Mrs. Chaitali Chatterjee for the Petitioner
Mr. Sadananda Ganguly and Tapabrata Chakraborty for the Opposite Party Nos. 1 & 2

JUDGMENT

Heard the learned Advocates appearing on behalf of the parties.

2. This is an application under Article 227 of the Constitution of India directed against an order, being Order No. 13 dated 15th September, 2007 passed by the learned District Delegate, Paschim Midnapore in Probate Case No. 156 of 2006.

3. By the order impugned, the learned Court below was pleased to recall an earlier order, being Order No. 6 dated 28th February, 2007, whereby an application under Section 247 of the Indian Succession Act, 1925, was allowed, appointing the petitioner/executor as administrator pendente lite.

4. In the instant application, the petitioner herein is the petitioner/executor who had approached the learned Court below for appointing him as administrator pendente lite. The opposite party Nos. 1 and 2 herein are the applicants before the learned Court below at whose instance the order dated 28th February, 2007, stood recalled by the impugned order passed by the learned Court below.

5. After considering the submissions made by the learned Advocates appearing on behalf of the parties, it appears that there is only one point of law that is required to be looked into, in order to decide the mat
































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