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SUBHASH CHAND
Mouli Banerjee – Appellant
Versus
Geeta Devi, wife of Hiralal Vishoakarma – Respondent
JUDGMENT :
Subhash Chand, J.
1. By way of present civil miscellaneous petition, the petitioner prays for setting aside the order dated 21st August, 2024 passed by the learned Additional District Judge-VI, Hazaribagh in Probate T.S. No.03 of 2017, whereby and whereunder the petition filed by the petitioner/defendants dated 2nd May, 2023 and 9th May, 2024 (not mentioned in the order dated 21st August, 2024 seeking leave of the Court to accept the medical certificate/prescription of Late Arun Kumar Banerjee (Testator) and the signature of Arun Kumar Banerjee appended in the marriage certificate of the petitioner—Mouli Banerjee was rejected as there was no sufficient ground for entertaining the petition and the petitioner was further directed to produce the remaining witnesses by the next three consecutive dates without fail.
2. Learned counsel for the petitioner has submitted that probate proceeding was initiated on behalf of the Opposite Party on the basis of the Will executed by the father of the petitioner in favour of the Opposite Party Gita Devi. That probate proceeding was registered as Probate Case No.04 of 2016 which was later on converted into Probate Title Suit No.03 of 2017. I
Documentary evidence can be admitted at a later stage in probate proceedings if necessary to resolve the real controversy, despite prior rejection based on delay.
The absence of an original Will does not invalidate its probate if secondary evidence sufficiently proves its execution and the delay in application is justified.
The court affirmed that the plaintiff sufficiently proved the valid execution of the Will, while the defendant failed to establish claims of forgery or suspicious circumstances surrounding it.
Important Point : A will can be proved through secondary evidence if the original is lost, and Letters of Administration can be granted when no executor is appointed.
A Succession Certificate cannot be revoked through a separate original petition; it must be pursued as a miscellaneous application under the Indian Succession Act.
Judicial officers should not be impleaded in writ petitions, and applications under Order XI must be timely and relevant to the case.
Proof of a Will does not require strict evidence of death; credible testimony and circumstantial evidence can suffice to establish validity and execution, emphasizing substantial justice in probate p....
Additional evidence cannot be admitted in appellate proceedings unless it is relevant to the pleadings and cannot be used to fill gaps in a party's case.
question as to whether a person was the legally wedded wife or not or was in an illicit relationship was not germane to decide whether the WILL propounded by her is true, genuine and valid. It is fur....
A party who wants to appear as a witness in her own case, should so appear before any other witness on her behalf is examined, unless the court for reasons to be recorded, permits her to appear as he....
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