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2022 Supreme(Jhk) 1118

SUJIT NARAYAN PRASAD
Laxmi Mishra, wife of Dr. Raghunath Prasad Mishra – Appellant
Versus
Vikas Bajpai, son of late Basant Bajpai – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vipul Poddar, Advocate
For the Respondents: Mr. P.A.S. Pati, Adv

JUDGMENT :

The instant writ petition has been filed under Article 227 of the Constitution of India for quashing order dated 26.08.2013 passed by learned Judicial Commissioner-IV, Ranchi in Probate Case No. 49 of 2012 wherein the petition dated 10.06.2013 filed by the Executor/Respondent No. 1 has been allowed with direction to implead all the named persons in the said petition as Opposite Parties in the proceedings of Probate Case No. 49 of 2012.

2. The brief facts of the case, as per the pleadings made in the writ petition, read as under: The respondent no. 1- Lt. Col. Vikas Bajpai filed Probate Case No. 49 of 2012 in the Court of Judicial Commissioner, Ranchi for grant of probate in respect of Will and testament dated 12.09.2011 executed by Smt. Roop Kumari Tiwary.

On being noticed, the petitioners appeared and filed their show cause on 27.11.2012 disputing the contentions raised by the executor-respondent no. 1 herein and stated that the deceased-Smt. Roop Kumari Tiwary has never executed any Will or signed the same in presence of witnesses and thus disputed the genuinity of the Will itself.

On 10.06.2013, the executor-respondent no. 1 has filed an application to implead all the hei

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