Sunil Gupta vs Kiran Girhotra & Ors on 9 October, 2007
This
Court proceeded on the assumption that Banwarilal Shrinivas (supra) lays
down the correct law. But even therein a distinction was made stating that
the alienee was a transferee pendent lite. The said decision, therefore, is an
authority for the proposition that no citation need be issued to any person
who had no right to the property prior to the commencement of the probate
proceedings. This Court in no uncertain term opined that the alienees had no
right to be heard in the appeal The said decision, therefore, runs counter to
the submission of Mr. Ramachandran.