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2001 Supreme(MP) 181

S.P.SRIVASTAVA, R.B.DIXIT
Kishan Singh Ahluwalia – Appellant
Versus
Sheela Saxena – Respondent


Advocates:
H.D. Gupta for appellant; M.M. Kaushik and H.K. Shukla for respondent No.1;
P.D. Agrawal for respondents No.2 and 3;
K.L. Mangal for respondent No.4.

JUDGMENT

Dixit, J. -- 1. The subject matter in this Letters Patent Appeal arises out of the probate proceedings numbered as Probate Case No. 71\87; where under, respondent Smt. Sheela Saxena had filed an application dated 14.7.1987. Under section 276 of the Indian Succession Act praying for issue of letter of Administration annexed with the will dated 4.6.1987 claimed to have been executed by Smt. Rajendra Kaur alias Harisharan aged about 85 Years in her favour and in favour of Naveen Kumar, her son, as well as Balbir Bava, her sister. Smt. Rajendra Kaur, the testatrix, had died on 25.6.1987.

2. The learned trial Court by order dated 25.6.1990 allowed the application and granted letter of Administration in favour of Smt. Sheela Saxena. However, in Misc. Appeal No. 102\90, preferred by another daughter of testatrix, Shakuntala Jhamb, the order dated 25.9.1996, was set aside with the direction of remanding the matter back to the Court below, providing however, that before rehearing the matter, other heirs of Rajendra Kaur who are indicated hereinabove, shall be noticed and they shall also be heard. When objections are filed afresh, if any, on that and also on objections already on re
















































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