Ram Naresh Singh vs Smt. Sharad Kumari And 24 Others on 26 April, 2019
22. Now coming to the judgements relied upon by Sri A.K. Rai, learned counsel for defendant no.1, none of the judgements do come in aid for the defendants. The judgement of Keral High Court in the case of Punnoose (supra) is a case where in a probate proceeding filed by the appellant (Punnoose), the respondents were impleaded as defendants. Respondents have received citations and were allowed to urge their contentions relevant to the proceedings and in the facts of the said case, High Court held that once respondents have been impleaded as defendants and they had received citation and were allowed to contest the proceedings, plaintiff cannot turn around and say that they shall not be allowed to file objection and if they file objection the contents of the objection in relation to will must be ignored and the proceeding shall be treated as non-contentious .