IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION No.24 of 2023 In CIVIL MISCELLANEOUS JURISDICTION No.842 of 2018 ======================================================

1.1. Most. Jyoti Raman W/o Late Vijay Raman @ Vijay Kumar Raman @ Bijay Kumar Raman, Resident of Mohalla - Aamgola Road, Aghoria Bazar, P.S. -

Kazi Mohammadpur, District- Muzaffarpur.

1.2. Ashish Raman Son of Late Vijay Raman @ Vijay Kumar Raman @ Bijay Kumar Raman, Resident of Mohalla - Aamgola Road, Aghoria Bazar, P.S. -

Kazi Mohammadpur, District- Muzaffarpur.

1.3. Avinash Raman, Son of Late Vijay Raman @ Vijay Kumar Raman @ Bijay Kumar Raman, Resident of Mohalla - Aamgola Road, Aghoria Bazar, P.S. -

Kazi Mohammadpur, District- Muzaffarpur.

1.4. Ashi Raman, Daughter of Late Vijay Raman @ Vijay Kumar Raman @

Bijay Kumar Raman, Resident of Mohalla - Aamgola Road, Aghoria Bazar, P.S. - Kazi Mohammadpur, District- Muzaffarpur.

... ... Defendant/s / Petitioner/s Versus

1. Most. Kavita Raman, Daughter of Late Vinay Raman, Resident of Mohalla-

Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

……… Plaintiff / respondent / Opposite Party 1st Set

2. Puja Raman, Daughter of Late Binay Raman, Resident of Mohalla- Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

3. Supriya Raman. Daughter of Late Binay Raman, Resident of Mohalla-

Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

4. Ritik Raman Minor, Son of Late Binay Raman, under the guardianship of his natural mother Kavita Raman, (Respondent Nos. 2 to 4 are grand daughters and son of Late Vijay Raman).

Resident of Mohalla- Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

5. Ritu Raman. Daughter of Late Binod Raman, Resident of Mohalla- Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

6. Rohit Raman, Son of Late Binod Raman, Resident of Mohalla- Aghoria Bazar, Aamgola Road, Near Mamajee Dry Cleaners, P.O.- Ramna, P.S.- Kazi Mohammadpur, Anchal Musahari, District- Muzaffarpur.

... ... Defendant / Respondent/s / Opposite Parties ======================================================

Appearance :

For the Petitioner/s : Mr. Ranjan Kumar Dubey, Advocate Mr. Kumar Gaurav, Advocate Ms. Sheshadri Kumari, Advocate Mr. Shashank Kashyap, Advocate Ms. Ishiqua Raj, Advocate For the Respondent/s : Mr. Smiti Bharti, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

CAV ORDER

18 17-02-2026 Heard the learned counsel for the petitioners and the learned counsel for the opposite party.

2. This Civil Revision application has been filed under Section 115 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’) against order dated 09.04.2018 passed in the Probate Case No. 71 of 2013, by the learned 13^th Additional District Judge, Muzaffarpur (hereinafter referred to as ‘Trial Court’) whereby and whereunder the learned Trial Court has rejected the prayer under Order VII rule 11 of the CPC. 3. The factual matrix, in brief, is that Probate Case No. 71 of 2013 was instituted by the plaintiff/opposite party no.1 for grant of probate in respect of an alleged last Will dated

27.10.2011 said to have been executed by Late Most. Shanta Devi concerning the property described therein. Shanta Devi was mother-in-law of the plaintiff/opposite party no.1, who died on 11.11.2011 at her residence. The plaintiff/opposite party no.1 is widow of Binay Raman (son of Shanta Devi) lived with and served Late Most. Shanta Devi, who, being satisfied and affectionate to plaintiff/opposite party no.1, executed a registered Will dated 27.10.2011 in favour of opposite party no.1 at the Registration Office i