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PARTHA SARATHI SEN
Sk. Shajamal – Appellant
Versus
Ashim Mondal – Respondent
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 assailed.
6. By the impugned order learned Trial Court allowed the opposite party Nos. 10 and 11's application under Order 1 Rule 10 of the Code of Civil Procedure and, thus, directed that the present opposite party Nos. 10 and 11 be added as defendant Nos. 10 and 11 in Title Suit No. 47 of 2011 as pending before the learned Trial Court.
7. In support of the instant revisional application learned Advocate for the plaintiffs/revisionists at the very outset
(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....
There is no scope for converting the civil revision into the petition under Article 227 of the Constitution of India.
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