JUDGMENT (CAV)

This is an appeal preferred under Section 299 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act of 1925’) for setting aside the judgment dated 17th day of April, 1982 passed by learned District Judge, Saran, Chapra in Revocation Case No.10 of 1979 (Ram Sevak Singh Vs. Ghinawan Singh & Ors.). By the impugned judgment, the learned District Judge has been pleased to dismiss the suit arising out of an application filed by the plaintiff under Section 263 of the Act of 1925 and thereby refused to interfere with the order granting probate by the District Judge of Saran on 28.08.1928 in Probate Case No.110 of 1926 in favour of the father of defendant no.1.

2. In order to appreciate the dispute between the parties it would be relevant to state the genealogy of the parties as under:—

3. The facts of the case would reveal that wife of Ramroop Singh had pre-deceased him. Ramroop Singh died issueless. He is said to have executed a Will in favour of one of his nephews Sohitchand Singh in the year 1916 which was duly registered on 25.05.1916.

4. Sohitchand Singh filed a probate case in the court of learned District Judge, Chapra giving rise to Probate Case No.11