ORAL JUDGMENT

Date : 18-07-2024

The present petition has been filed for the following reliefs:-

"a. For setting aside the order dated 18.01.2022 passed by the learned Additional District and Sessions Judge, XXI, Patna in Title Suit No.39 of 2019, whereby and whereunder Probate Case No.58 of 2018 converted into Title Suit No.39 of 2019 has been dismissed summarily on the basis of preliminary issue without correctly appreciating the law and the facts of the case and without application of judicious mind by the learned court below.

b. For setting aside the order dated 29.11.2021 passed by learned Additional District and Sessions Judge XXI, Patna in Title Suit No.39 of 2019 whereby and whereunder additional issue no.1(a) has been framed and inserted after original issue no.1 framed on 25.11.2019 and further it has been directed that the said issue no.1(a) be treated as preliminary issue and the parties may come prepared for hearing on the same.

c. For issuance of appropriate order directing the court below to properly adjudicate Probate Case No.58 of 2018 converted into title Suit No.39 of 2019 filed by the petitioner after full- fledged trial in consonance with the principles of natural ju