A party with even a slight interest in the estate of a deceased testator has the right to file a caveat and contest the grant of probate.

JUDGMENT

Amit Bansal, J. (Oral)--The present petition under Article 227 of the Constitution of India impugns the order dated 7th May, 2018 passed by the Probate Court in P.C. No. 50443/16 whereby the impleadment application filed by the respondent no. 4 under Order I Rule 10 of the Code of Civil Procedure, (CPC), 1908, was allowed and respondent no. 4 was allowed to file objections in the Probate proceedings.

2. The litigation between the parties with respect to the estate of deceased testator, Sh. KL Jain, viz. property bearing no. T-4, T-5 and T-6, Usha Chamber, Ashok Vihar, New Delhi hereinafter (Property) has had a chequered history, which is set out hereinafter.

3. A suit for permanent and mandatory injunction qua the Property was filed by Roopa Vohra, daughter of the petitioner herein, against Sh. K.L. Jain in his lifetime. The said suit was dismissed by the Trial Court vide judgment dated 24th March, 2012. Roopa Vohra filed an appeal bearing no. RCA No. 3/2012 against the said dismissal. During the pendency of the said appeal, Sh. K.L. Jain expired on 15th December, 2013. An application for impleadment of legal heirs of Sh. K.L. Jain was filed, which was allowed vide order dated 26th July, 2014 and respondents no. 2 and 3 being the daughters of Sh. KL Jain, were brought on record. An application was filed by Roopa Vohra (plaintiff in the suit) under section 52 of the Transfer of Property Act, 1882 seeking a direction to restrain respondents no. 2-3 herein and respondent no. 4 herein from creating any third party interest in the Property, which was dismissed vide order dated 26th July, 2014 by the Appellate Court. The Appellate Court, vide order dated 14th October, 2014, dismissed the appeal against the judgment dated 24th March, 2012 of the Trial Court. Roopa Vohra filed a second appeal bearing no. RSA No. 7/2015 against the order dated 14th October, 2014 of dismissal of the first appeal, which was also dismissed by this Court vide order dated 24th March, 2015.

4. The probate petition from which the present petition arises, was filed by the Petitioner on 10th September, 2014 seeking probate of will dated 3rd December, 2013 executed by the deceased testator, Sh. K.L. Jain, in terms of which the petitioner is the beneficiary. Respondents no. 2 and 3 herein being daughters of the deceased testator were made the respondents in the said probate petition. Objections were filed by the respondents no. 2 and 3 to probate petition. Issues were framed by the Probate Court on 19th November, 2015 and an additional issue was framed on 12th January, 2016 on the application filed by petitioner herein under Order 14 Rule 4, CPC. An application under Order 1 Rule 10, CPC, was filed by respondent no. 4 on 13th November, 2017 seeking impleadment in the probate case. The said application was contested by the petitioner by filing a reply.

5. Vide the impugned order dated 7th May, 2018, the Probate Court allowed the application under Order 1 Rule 10, CPC, filed on behalf of the respondent no. 4 by observing that respondent no.4 has a caveatable interest in the estate of the deceased. Relevant portion of the aforesaid order is set out below:

"Without going into the merits of the claims of the respective parties, to avoid multiplicity of proceedings and to cut short the controversy, I am of the view that the intervenor Rajat Bansal can be allowed to file his objections to the present probate as there appears to be a caveatable interest in the Estate of the deceased. However, the delay needs to be compensated whereby a cost of Rs.10,000/- is imposed on the intervenor subject to which the objections shall be filed. The objections shall be filed within three weeks with advance copy to the opposite party or counsel against acknowledgement. The petitioner may file reply to the objections on or before the next date of hearing with one week advance copy to the objector Rajat Bansal or his counsel. The objector Rajat Bansal shall have the liberty