31/ 13.06.2025

Heard Mr. Rohitasya Roy, learned counsel appearing for the petitioner and Mr. Vikas Pandey, learned counsel appearing for the legal heirs and representatives of the testator.

2. By order dated 20.04.2018, the direction was issued for citation to the general public at large to be posted at conspicuous places in the District of Ranchi and at New Delhi in the concerned district where properties are situated and also in the district of Sikar, Rajasthan, specifically at such public places in the locality within which the immovable property of the Testator lies. It was further ordered that the citation be also fixed in some conspicuous part of the Court House and also in the office of Collectors of the Districts. It was also directed that the citation be also published through paper publication in two national editions. Special citation be also issued in the name of the persons mentioned in para 10 of the instant petition in terms of Section 283 (1) (c) of the Indian Succession Act,1925 calling upon them to come and

see the proceedings before grant of Probate. Pursuant to that Mr. Vikas Pandey, learned counsel has put his appearance on behalf of the persons whose names have been disclosed in para-10 of the present probate case.

3. Thereafter the office has submitted a long report in compliance of the said report. It transpires from the order dated 04.10.2018 that citation on some of the parties was not received and in view of that further fresh steps for service of citation upon O.P. No. 4 and 7 has been directed to be made in terms of the earlier order. Thereafter the further report has been submitted by the office and it has been recorded in the order dated 22.11.2018 that on the submission of learned counsel appearing for the petitioner that the service report of the general citation from Rajasthan and special citation on O.P. Nos. 4 and 7 have not yet been received, however, the affidavit showing the paper publication has already been filed and on that day, the matter was adjourned awaiting the service report.

4. From the order dated 20.12.2018, it transpires that the citation has returned unserved as per report of the District and Sessions Judge, Kamrup (M), Guwahati and the matter was adjourned for taking fresh instruction whether the O.P. No. 7 has changed her address or not. The notice upon O.P. Nos. 4 and 7 have been returned unserved and in view of that by order dated 15.03.2019, direction was issued for fresh steps for service of notice upon O.P. Nos. 4 and 7 and the matter was adjourned for four weeks awaiting the service report. Thereafter Mr. Vikas Pandey, learned counsel has filed the vakalatnama on behalf of O.P. Nos. 4 and 7, as disclosed in para-10 of the probate case. Finally in

the order dated 28.02.2020, it has been recorded that the pasting of citation at conspicuous places in the district of Delhi, has been received from the In-charge, Nazarat Branch (South), Saket Court, New Delhi and considering that the notice upon the others have been completed and this probate case was admitted on the same day i.e. on 28.02.2020. Issue was framed on 13.05.2022 and thereafter the witnesses have been examined and cross-examined on 07.12.2022.

5. This case has been filed under Section 276 read with Section 300 of the Indian Succession Act, 1925 for grant of probate against the last Will of the testament dated 07.04.2008.

6. Mr. Rohitasya Roy, learned counsel appearing for the petitioner submits that Sitaram Lohia died at Ranchi on 21.04.2008 leaving behind a duly executed Will and testimony dated 07.04.2008, whereby and whereof, he appointed Late Binod Poddar and Mr. Biren Poddar [petitioner herein] as executor and in view of that Binod Poddar presented the present probate case and during the pendency of present probate case, said Binod Poddar has left for his heavenly abode and thereafter Mr. Biren Poddar has been substituted in his place in light of the testimony dated 07.04.2008. He further submits that the testato