Advocates:
['M/S AJODHYA R DASH', '', 'P K BEHERA', 'S N SAHU', 'GAUTAM MISHRA', 'K S SAHU', 'R N BEHERA', 'M/S N C PATI', '', 'NIGAMANANDA DAS', 'M/S SITIKANTA MISHRA', 'A MOHANTY', 'P S ACHARYA', 'MILON KANUNGO', 'S N DAS', 'B DAS']

RFA No. 230 of 2009

Misc. Case No.455 of 2015

28. 11.03.2016 This petition has been filed by the respondent No.1 to recall

the order dated 11.12.2015 passed in Misc. Case No.242 of 20013. Misc. Case No.242 of 2013 was

filed by one Ramakanta Mohanty, son of Adaita Charan Mohanty praying, inter alia, to substitu

te himself in the place of deceased appellant, namely, Pramodini Pattnaik on the plea that he

is the Executor of the registered will dated 24.10.2005 by said Pramodini Pattnaik.

2. The matter was listed for orders on 25.02.2016 and before dictating the order in the p

resent Misc. Case, as some confusion arose the same was directed to be listed today under the

heading to be mentioned for clarification of such confusion.

3. Mr.Das, learned counsel for respondent No.1 in the Misc. Case contends that the petiti

oner as on Executor of the Will cannot be impleaded in the place of the Testator/Testatrix, na

mely, the appellant in this case, unless probate of the Will is granted. In support of his ca

se, Mr. Das relies upon para-2 of the decision in the case of Naraindas Lilaram Adnani Vs. Na

rsingdas Naraindas Adani and others, re