ORAL JUDGMENT

Date : 30-10-2024 Heard learned counsels for the respective parties.

2. The petitioner is aggrieved by the order dated

22.09.2022 passed by the learned District Delegate-cum-Sub Judge-1, Bhagalpur in Probate Case No. 22 of 2018 whereby and whereunder the learned Sub Judge rejected the petition dated 17.06.2022 filed by the petitioner under Section 295 of the Indian Succession Act, 1925 (hereinafter referred to as ‘the Act’).

3. The learned counsel for the petitioner submits that the petitioner is one of the objectors in the Probate Case No. 22 of 2018. The petitioner filed an application under Section 295 of the Act in the aforesaid probate case for direction to proceed in the in the form of a regular suit. But the learned Sub Judge-1, Bhagalpur dismissed the application dated 17.06.2022 under erroneous consideration of the facts and the laws. The learned counsel further submits that the order is perverse since the learned trial court has mentioned the fact that after notice, the opposite party has appeared and filed his written objection challenging the genuineness of the Will while asserting that the petitioner of the probate case has forged and fabricated the Will by