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ANANDA CHANDRA BEHERA
Tilottama Jena – Appellant
Versus
Sandhyarani Brahma – Respondent
JUDGMENT
Ananda Chandra Behera, J.—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.
2. The factual backgrounds of this CMP, which prompted the petitioners for filing of the same is that, a Test Case was filed by the petitioners under Section 276 of the Indian Succession Act, 1925 praying for probation of the will executed by Sebati Dei in their favour impleading the Opp. Party No.1 to 4 in this CMP as the Opp. Party Nos.1 to 4 in the said Test Case.
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.
3. During the course of hearing of such suit vide O.S. No.2 of 2016, one third party namely, Gangadhar Debata filed a petition on dated 25.10.2017 under Order 1, Rule 10 of the CPC, 1908 praying for his impleadment as Opp. Party in that O.S. No.2 of 2016 stating that, the R.o.R. of the properties co
(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 ....
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....
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.
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.
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.
Probate courts are limited to assessing the genuineness of wills and cannot determine issues of property title or rights of intervenors.
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