Sisir Kumar Chandra And Anr. vs Sm. Monorama Chandra And Ors. on 7 January, 1972
In this connection Mr. Mullick relied on two cases, namely, reported in AIR 1940 Cal 286 (Rai Bahadur Pannalal v. Lala Hansraj Gupta) and AIR 1944 Cal 385 (Kailash Chandra v. Nanda Kumar), and submitted that a suit for revocation of a grant of probate does not lie and the proper remedy would be to file an application under Section 263 of the Indian Succession Act. Mr. Mullick invited my attention to Section 263 of the Indian Succession Act and illustration (1) of Section 263 and submitted that the grant of probate may be revoked or annulled if the Court by which the grant was made had no Jurisdiction. Mr. Mullick further submitted that Manick Lal attained majority in 1959 but this suit had been filed on April 30, 1971 and therefore this suit is barred by the law of limitation. Mr. Mullick further submitted that even if the suit lies there is no cause of action in the instant suit. Further there was great delay in making this application. As such no order should be passed on this application.