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2006 Supreme(P&H) 2256

VINOD K.SHARMA
Ramesh Kumar – Appellant
Versus
Kamal Deep Bhutani – Respondent


Judgment

Vinod K.Sharma, J.

1. The brief facts leading to the filing of the present appeal are that Kamal Deep Bhutani son of Shri Om Parkash, respondent in the present appeal, had filed a petition for issuance of Letter of Administration in respect of Will dated 13.2.1999 executed by the deceased Shri Bhagwan Dass son of Shri Kushal Chand, father-in-law of Shri Kamal Deep Bhutani. In the petition, the respondent impleaded General Public and relatives without disclosing particulars of any relatives. Learned Additional District Judge, Hisar, without taking steps to serve any person ordered the publication of notice in newspaper Dainik Chetna.

2. As no one appeared in pursuance thereto to contest the petition, the respondents were proceeded ex parte vide order dated 9.2.2001. On the basis of the ex parte evidence led, the learned Additional District Judge came to the conclusion that the Will executed by Shri Bhagwan Dass was duly proved. The respondent also proved the Will executed by his wife Vandana in his favour. The petition was accepted and a Letter of Probate was given in favour of the respondent in respect of the properties mentioned in the Will Exhibit P-1. It was also ordered



















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