Narendra Nath Tiwari, J.

1. In this writ application the petitioner has prayed for quashing the order dated 8.2.2006 passed in probate Case No. 3/01 by learned 1st Additional District Judge, Jamtara whereby the petitioners petition challenging his jurisdiction has been rejected.

2. The petitioner herein is the opposite party in the said probate case in the Court below whereas the respondent is the petitioner. The said respondent filed an application under Section 276 of the Indian Succession Act, 1925, [hereinafter referred to as the said Act], before the learned District Judge, Durnka for grant of probate of the will with regard to the property described In Schedule A and Schedule B of the plaint. This said applicant was appointed as the sole executrix of the will executed by one late Dr. Jagdish Chandra Banerjee. After creation of judgeshlp of Jamshedpur the said case was transferred to the Court of the learned 1st Additional District Judge, Jamshedpur. In the said case the petitioner of this case also appeared. The parties led evidences and the case was finally fixed for argument. At that stage the opposite party-petitioner filed an application challenging the jurisdiction o