IN THE SUPREME COURT OF BANDLADESH

HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

Civil Revision No. 3075 OF 2017.

Ananda Mohan Sardar and others.

...Petitioners.

-Versus-

Jadab Chandra Sardar and others.

....Opposite parties.

Mr. Surojit Bhattarcharjee along with Ms. Farhana Siray Ronnie and

Mr. Mani Sankar Sarkar, Advocates

… For the petitioners

No one appears

… for the opposite parties

Heard on: 09.01.2024

Judgment on: 10.01.2024

Sashanka Shekhar Sarkar, J.

This Rule, at the instance of the petitioners ( the heirs of legatee Sridham Sardar) was issued calling upon opposite parties No. 1-3, to show cause as to why order No. 105 dated 06.06.2017 passed by learned Joint District Judge, 3rd Court, Dhaka in Revocation

Miscellaneous Case No. 59 of 2006 rejecting an application filed under section 264 of the succession act 1925, for sending the record of the case to the learned District Judge for disposal on the ground of its jurisdiction should not be set aside and/or such pass other or further order or orders as to this court may seem fit and proper.

During issuance of the Rule, this court also pleased to stay all further proceedings of Revocation Miscellaneous Case No. 59 of 2006 and Probate Case No. 14 of 1985 for a period of 06 (six) months which was eventually extended on 11.03.2018 till its disposal.

The facts, relevant for disposal of this Rule, are that, the predecessor of the petitioners, Sridham Sardar, as legatee filed Probate Case No. 38 of 1983 in the court of District Judge, Dhaka for granting probate of the Will dated 01.02.1970 stating that the Case property belonged to Nakul Sardar who was physically

disabled and as his eldest brother Sridham Sardar looked after him, being satisfied upon his brother, transferred his share to Sridham Sardar by executing a deed of Will on 01.02.1970. Thereafter the testator Nakul Chandra died on 04.03.1970 leaving the legatee Sridham Sardar and on his death Sridham Sardar being the legatee filed a petition for granting probate of the said Will. Thereafter the learned District Judge Dhaka transferred the said petition for granting probate to learned Joint District Judge, 3rd Court, Dhaka where the said probate case was renumbered as 14 of 1985.

The learned Joint District Judge, 3rd Court on hearing of the legatee and completing other formalities, was pleased to grant the probate vide order No. 14 dated 24.01.1994 issuing certificate in favour of Sridham Sardar. Long after of granting probate, some other relatives of the testator (Nakul Sardar) challenging the said grant of probate filed a Probate Revocation Miscellaneous Case being No. 59 of 2006 before the self same court on 05.11.2006 for setting aside the order dated 24.01.1994 passed in Probate Case No. 14 of 1985 and for restoring the probate case to its original file and number.

In the said Revocation Miscellaneous Case, the present opposite pa