Haimabati Mitra vs Kunja Mohan Das - 1930 Supreme(Cal) 210

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1930 Supreme(Cal) 210

MUKERJI, MITTER
Haimabati Mitra – Appellant
Versus
Kunja Mohan Das – Respondent

JUDGMENT

Mitter, J. - This is an appeal from a judgment of the Additional District Judge of Sylhet refusing to revoke the grant of probate of the will of Ramlochan Das, father of the appellant. Probate was granted so far back as the year 1895. The grant is attacked on two grounds principally, namely : (1) no citation was issued upon the appellant or upon her mother who was described as her guardian ad litem in the probate proceedings, (2) that the will was a forged will. The learned District Judge while holding that

there really there was no service of the citations in fact upon an interested person

refused to revoke the grant of probate on the ground of the long delay in applying for revocation.

2. The circumstances which have led to the application for revocation are these : In 1895 Krishna Prosad Das, an uncle of Ramlochan, applied for the probata of an alleged will of the latter stating that he had executed the will on 23rd January 1895, a short time before his death which took place in June of the same year. At the time of the execution of the will Ramlochan had his wife, three unmarried daughters and a married daughter living. The will appears from its terms to be an almost inof

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