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PARTHA SARATHI SEN
Sk. Shajamal – Appellant
Versus
Ashim Mondal – Respondent
| Table of Content |
|---|
| 1. revisional application challenges court's order on party addition. (Para 5 , 6) |
| 2. petitioners’ argument regarding probated will's validity. (Para 7 , 8 , 9 , 10) |
| 3. defendants claim all consequences were considered by the court. (Para 11) |
| 4. court's review supports trial court's justification for order. (Para 12 , 13 , 14 , 15) |
| 5. application dismissed; order affirmed with limited observations. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
JUDGMENT :
Partha Sarathi Sen, J.
Both parties are represented by their respective learned Advocates.
2. Heard Mr. Sarajit Sen, learned Advocate for the petitioners at length. Also heard Mr. Dyutiman Banerjee, learned Advocate led by Mr. Partha Pratim Roy, learned Advocate for the opposite parties.
3. The affidavit-in-opposition and the affidavit-in-reply as filed today be taken on record.
4. The present revisional application is now taken up for passing appropriate order.
5. In this revisional application as filed under Article 227 of the Constitution of India the Order No. 141 dated January 5, 2022 as passed by learned Civil Judge (Junior Division), 2nd Court, Baruipur, District - South 24 Parganas in Title Suit No. 47 of 2011 has been assai
(1) Rights under Will by an executor or legatee cannot be established unless probate or letters of administration are obtained.(2) Everybody cannot lodge caveat – Caveator must have some interest in ....
In probate proceedings, a third party with a tangible interest may be permitted to join, as long as it does not prejudice existing parties, emphasizing the court's limited jurisdiction to the authent....
The court affirmed that revocation of probate under Section 263 of the Indian Succession Act is tenable despite the existence of an appeal, and that Order VII Rule 11 of the CPC applies to such proce....
Proposed amendments to pleadings must not withdraw clear admissions made by a party, especially one that is deceased, and must not alter the nature of the suit or infringe upon the opposing party's r....
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