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ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Tilottama Jena – Appellant
Versus
Sandhyarani Brahma – Respondent
| Table of Content |
|---|
| 1. petition for quashing the lower court's order. (Para 1 , 2 , 4 , 5) |
| 2. impleadment of third party in probate proceedings. (Para 3 , 8 , 16) |
| 3. rights under will contingent on probate. (Para 9 , 12 , 14) |
| 4. consideration of stakeholders in probate proceedings. (Para 10 , 11 , 15) |
| 5. dismissal of cmp. (Para 17 , 18) |
JUDGMENT :
1. This CMP under Article 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the impugned order dated 02.01.2018 (Annexure-6) passed in the suit vide O.S. No.2 of 2016 by the learned Civil Judge, (Sr. Division), Banki.
When the Opp. Party Nos.1 to 4 contested that Test Case, then, as per the provisions of law envisaged in Section 295 of the Indian SUCCESSION ACT , 1925, the said Test Case was converted to a suit vide O.S. No.2 of 2016.
To which, the plaintiffs objected on the ground that, the petition under Order 1, Rule 10 of the CPC, 1908 filed by the third-party petitioner (Gangadhar Debata) for his impleadment as a party in the suit vide O.S. No.2 of 2016 is not maintainable under law. Because, in a probate proceeding, authenticity and genuineness of the will in question is to be determ
In probate proceedings, a third party with a tangible interest may be permitted to join, as long as it does not prejudice existing parties, emphasizing the court's limited jurisdiction to the authent....
(1) Rights under Will by an executor or legatee cannot be established unless probate or letters of administration are obtained.(2) Everybody cannot lodge caveat – Caveator must have some interest in ....
Order 1 Rule 10 CPC casts duty upon court to ensure impleadment and deletion of party, which may or may not be necessary for adjudication of case.
A subsequent transferee with a registered sale deed must be allowed to protect her interests in ongoing litigation, demonstrating both necessity and direct interest in the subject matter.
The main legal point established in the judgment is that the probate of a Will executed outside the local limits of the High Courts of Madras, Calcutta, and Bombay is not necessary under Sec. 213 of ....
The court affirmed that in probate proceedings, only the genuineness of the will is examined, and intervention is permitted to ensure all relevant parties are included for effective adjudication.
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