Point of Law: In a case where the revocation of grant of probate/letter of administration was not done on the ground that the Will was not genuine but was done on the ground of non citation; the Will may be proved again but then the right to prove the Will again is in the person wishing to uphold the Will.

JUDGMENT :

Heard Mr. S.K. Saharia, learned counsel for the Appellant and Mr. S.C. Biswas, learned counsel for the Respondent.

2. This is an appeal under Section 299 of the Indian Succession Act, 1925 for short, (Act of 1925) challenging the order dated 27.06.2011 passed in Misc L.A (R) Case No.22/2010 by the Court of the District Judge, Nagaon whereby, the letter of administration granted in Misc (P) Case No.14/1997 dated 27.08.1997 was revoked.

3. The brief facts of the instant case are that one late Hussain Ali was the predecessor in interest of the appellant, respondents and the proforma respondents herein. During his lifetime, late Hussain Ali had executed a registered will bearing deed No.33 dated 18.03.1991 in favour of the appellant and the proforma respondents in respect of a plot of land measuring 15 bighas, 3 kathas 3 lessas covered under patta No.192, Dag No.507/508 and 668 situated in village Borghuli under Mouza Pubthoria in the district of Nagaon, Assam without appointing any executor/executors.

4. The appellant herein, being the eldest son of the testator late Hussain Ali, filed an application for grant of letter of administration before the Court of the District Judge, Nagaon vide Misc (P) Case No.14/1997, in respect to the aforementioned bequeathed properties.

5. The Court of the District Judge, Nagaon transferred the said proceedings to the Court of the Additional District Judge, Nagaon for disposal. The learned Additional District Judge, Nagaon vide an order dated 27.08.1997 granted a letter of administration to the appellant herein as prayed for and accordingly, the letter of administration was issued to him. The respondents herein on coming to learn about the grant of letter of administration preferred an application under section 263 of the Act of 1925 praying for revoking the letter of administration dated 27.08.1997 granted in Misc (P) Case No.14/1997, contending inter alia that no citation was made to them in connection with Misc (P) Case No.14/1997 and as such, there was suppression of material facts in the proceedings i.e., Misc (P) Case No.14/1997. The said application was filed in the year 2010 and was registered as Misc L.A. (R) Case No.22/2010.

6. The Court of the learned District Judge, Nagaon after hearing the parties vide an order dated 27.06.2011 revoked the letter of administration granted on 27.08.1997 in Misc (P) Case No.14/1997 on the ground that the appellant had concealed that the respondent herein were legal heirs of the deceased Hussain Ali and by concealment managed to obtain the letter of administration in favour of the appellant.

7. It is against the said order dated 27.06.2011 that the instant appeal have been initiated under section 299 of the Act of 1925.

8. I have heard the learned counsel for the parties and also perused the materials on record.

9. Mr. S.P. Saharia, learned counsel for the appellant submits that as per the registered will No.33 dated 18.03.1991, the properties in question mentioned in the Will were bequeathed only in favour of the appellant and the proforma respondents, the names of the respondents herein were not mentioned in the said proceedings and as such, no such citation was issued in so far as the respondents were concerned and under such circumstances, the findings of the Court below that the grant of letter of administration was obtained fraudulently and by making false suggestions or by concealing from the Court something material to the case does not arise in the facts and circumstances of the case. He, therefore, submits that the impugned order by which the letter of administration granted in Misc (P) case No.17/1997 dated 27.08.1997 is bad in law and liable to be interfered with. He, however, submits that in view of the impugned order, the letter of administration granted in Misc (P) Case No.14/1997 dated 27.08.1997 has been revoked and on the basis of such revocation the proceedings i.e., Misc (P) Case No.14/1997 revives and the Court below therefore ough