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1991 Supreme(MP) 184

T.N.SINGH
Rasheed Khan – Appellant
Versus
Peer Mohammad – Respondent


Advocates:
D.K. Katare for appellants; Ramji Sharma for respondent.

ORDER

Dr. T.N. Singh, J. -- 1. This is a hopeless appeal and it merits a short order.

2. Appellants are impugning an order passed under Section 263, the 'Act'. They had obtained probate, which has been revoked by the impugned order. For simple and short reasons to follow, the appeal is held to be misconceived and meritless.

2A. What is manifestly clear is that revocation of a Will is contemplated when "proceedings to obtain the grant were defective in substance". Illustrations (i) and (ii), appended to the Section, further amplify the scope of the provision. They contemplate that when the Court making .the grant had no jurisdiction and when the grant was made without citing parties who ought to have been cited, that would be deemed to be "just cause" within the meaning of the term employed in Section 263. In the instant case, the admitted fact is that the Will of which probate has been granted contained a lethal statement. In the Will itself it was stated that an earlier Will had been executed in favour of respondent/Peer Mohammad. That being the position, as per Section 283 of the Act, the District Judge was required to issue notice to him and in the instant case, on oath, Peer Moha





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