Calcutta High Court (Appellete Side)
Md. Omar Qureshi And Ors vs M/S Edward Keventer Pvt. Ltd. & Ors on 8 November, 2019
1 S/L. 43.
November 8, 2019.
JKS.
C. O. No.3723 of 2019 Md. Omar Qureshi and Ors.
Vs. M/s Edward Keventer Pvt. Ltd. & Ors.
Mr. Amal Kanti Das ... for the petitioner.
The petitioners have made out a prima facie case as to the court below having acted without jurisdiction in refusing to decide the issue of maintainability of the revocation case on the ground of locus standi of the petitioner since, on the face of the revocation case, no connection or kinship with the testator of the opposite party no.1 or its predecessor-in-interest has been made out.
Accordingly, the petitioner shall serve copies of C.O. No.3723 of 2019 on the opposite party no.1 indicating that the matter will appear as a "Contested Application" in the monthly list of December, 2019. Service on the opposite party no.2 to 5 is dispensed with for the present. The petitioner shall file affidavit-of-service on the next date of hearing.
There shall be stay of all further proceedings in Miscellaneous Case No.8 of 2019 arising out of Probate Case No.3 of 2018 pending in the 1st Court of Additional District Judge at Sealdah till January 15, 2020, or further order, whichever is earlier.
(Sabyasachi Bhattacharyya, J.) 2