The court emphasizes analogous hearings for related probate and partition suits to prevent conflicting judgments.

BP/(S. Banerjee) Bajrang Lal Sharma Mr. Aniruddha Chatterjee, Sr. Advocate Mr. Ishwar Chandra Sharma ..for the petitioner Mr. Sukanta Chakraborty Mr. Anindya Halder ..for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 32 dated March 27, 2025 passed by the learned Additional District Judge, 1^st Court at Asansol in O.S.

Will Case No. 01 of 2021.

By the order impugned, the application under Section 10 of the Code of Civil Procedure stood rejected.

Mr. Chatterjee, learned senior advocate appearing for the petitioner submits that though the petitioner filed an application for stay of all further proceedings of the probate suit but, on instructions, he submits that the probate suit and the partition suit are to be clubbed together and heard analogously. He further submits that the opposite party herein filed a suit for declaration that he is the adopted son of Sabitri Debi Sharma that is the testatrix. He submits that the Hon’ble Division Bench in FMA 4349 of 2015 directed the partition suit and the suit for declaration that the opposite party is the adopted son of Sabitri Debi Sharma should be heard analogously by a common court. He submits that the probate suit should also be heard analogously with the suit for partition.

Mr. Chakraborty, learned advocate appearing for the opposite party submits that the issues involved in the probate suit and the suit for partition are completely different and complications will arise if the partition suit and the probate suit are directed to be heard analogously. In support of such contention Mr. Chakraborty places reliance upon the decisions of Co- ordinate Benches in the case of Jayanta Kumar Mondal & Ors. Vs. Brojo Gopal Dalal & Anr. reported at (2007) 4 CHN 101 and Asoke Kumar Himmatsinghka Vs. Rajendra Kumar Himmatsinghka. reported at LAWS (CAL)-2005-6-25 in C.O. 753 of 2005, order passed on 07.06.2005 in support of his contention that the probate suit cannot be stayed on the ground of pendency of the suit for partition. In reply Mr. Chatterjee, learned senior advocate places reliance upon a decision of the Hon’ble Supreme Court in the case of Nirmala Devi Vs. Arun Kumar Gupta & Ors. reported at (2005) 12 SCC 505 and Balbir Singh Wasu Vs. Lakhbir Singh & Ors.

reported at (2005) 12 SCC 503 in support of his contention that the probate suit and the suit for partition should be heard analogously.

Heard the learned advocates for the parties and perused the materials placed.

The opposite party herein namely, Bajrang Lal Sharma filed a suit being Title Suit No. 190 of 2000 praying for declaration that he is the adopted son of Sabitri Devi Sharma. The said suit is presently pending before the learned Additional District Judge, 1st Court at Asansol, Paschim Bardhaman.

The petitioner herein filed a suit for partition being Title Suit No. 10 of 2001 impleading Sabitri Debi Sharma as the defendant therein. The said suit is pending before the learned Civil Judge (Senior Division), 1st Court at Asansol.

The suit for partition is at the evidence stage. In the probate suit a date has been fixed for framing of issues. Therefore, both the suit are more or less at the same stage.

Three Hon’ble Judges of the Hon’ble Supreme Court in the case of Nirmala Devi (supra) held that the decision in the probate proceedings on the question of proof of the Will will have a direct impact on the civil suit and for such reason the Hon’ble Supreme Court directed the title suit pending before a different court to be transferred to the court of the District Judge and be clubbed with the probate case for being tried together.

In Balbir Singh Wasu (supra), the Hon’ble Supreme Court after noting that a large number of issues would overlap expressed the view that both the probate proceedings and the civil suit should be clubbed and heard together by the District Judge who would be competent to hear and dispose of both