JUDGMENT :

Ajay Kumar Gupta, J.

1. This is an application filed under Section 227 of the Constitution of India by the petitioner praying for setting aside an order dated 31st September, 2023 passed by the learned Additional District Judge (2nd Court), at Siliguri in OC (Probate) Suit No. 03 of 2012 (Sri Nikash Barua Vs. Sri Dipankar Barua) thereby an application under Order XVIII Rule 17 read with Section 151 of the CPC, 1908 has been rejected. It is the allegation that Ld. Court acted material irregularity while exercising its jurisdiction without appreciating the document i.e. Deed sought to be tendered and exhibited by the petitioner for effective adjudication of OC (Probate) Suit No. 03 of 2012 pending before the learned Additional District Judge (2nd Court), Siliguri.

2. It is the contention of the petitioner that the Misc. Judicial (LA) Case No. 16 of 2011 became registered and renumbered as OC (Probate) Suit No. 3 of 2012 after it became contentious. The petitioner is the objector of the said suit as the mother of both parties did not execute any Will on 05.05.1992. She died intestate leaving behind her legal heirs and successors. This fact has been admitted and disclosed by th