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G. Gopal vs C. Baskar & Ors on 3 September, 2008

Next it was argued that for long it is settled principal of law that any person who has a slightest interest in the estate of the Testator is entitled to file caveat and contest the proceeding. The Learned Counsel referred to G. Gopal Vs. C. Baskar & Ors. [(2008) 10 SCC 489]. According to the Learned Counsel for the Caveator, the judgment in probate proceeding is a judgment in rem and any person aggrieved by the outcome of probate proceeding and who has no knowledge about the proceeding is entitled to file an application for revocation of probate on such grounds
Supreme Court of India Cites 0 - Cited by 14 - Full Document

Jose Paulo Coutinho vs Maria Luiza Valentina Pereira . on 13 September, 2019

It was further argued that although that the same principal was reitereated in subsequent cases, namely, Saroj Agarwalla Vs. Yasheel Jain [(2017) 14 SCC 285]; Jose Paulo Coutinho Vs. Maria Pereira [(2019) 20 SCC 85]; Pashupati Nath Das Vs. Chanchal Kumar Das [92018) 18 SCC 547]; Bojendra Mohan Mazumdar Vs. Durga Chatterjee [(2024) SCC OnLine Cal 2860]; Archana Mishra Vs. Dipali Chowdhury (AIR 2019 Cal
Supreme Court of India Cites 30 - Cited by 4 - D Gupta - Full Document

Pasupati Nath Das(Dead) Thr. Lrs. vs Chanchal Kumar Das(D) Thr. Lrs And Ors. on 25 September, 2018

It was further argued that although that the same principal was reitereated in subsequent cases, namely, Saroj Agarwalla Vs. Yasheel Jain [(2017) 14 SCC 285]; Jose Paulo Coutinho Vs. Maria Pereira [(2019) 20 SCC 85]; Pashupati Nath Das Vs. Chanchal Kumar Das [92018) 18 SCC 547]; Bojendra Mohan Mazumdar Vs. Durga Chatterjee [(2024) SCC OnLine Cal 2860]; Archana Mishra Vs. Dipali Chowdhury (AIR 2019 Cal
Supreme Court of India Cites 2 - Cited by 13 - U U Lalit - Full Document

Jehal Tanti & Ors vs Nageshwar Singh(D) Thr. Lrs on 18 April, 2013

Secondly, it was argued that the instant probate application, praying for grant of probate of the Will of the Testatrix is an attempt to mislead this Court, by-passing the earlier order of injunction passed in CS 100022 of 1996. It was argued in nutshell that the instant probate application aims at to frustrate the said pending suit. It was further submitted that it is well-settled that no Court will permit to do anything which will permit violation of any order passed by any Court and such actions which are in violation of the subsisting orders will be nullity. Referring to Jehal Tanti & Ors. Vs. Nageshwar Singh (Dead) through LRS [(2013) 14 SCC 689] it was argued that the caveat was lodged on 09/06/2023 and within time the affidavit in support of caveat was lodged, in terms of Chapter XXXV Rule 25 of the Original Side Rules. Once the affidavit in support of caveat is lodged, in due time, there is no option but to convert the proceeding into a contentious cause and number the same as testamentary suit.
Supreme Court of India Cites 7 - Cited by 39 - G S Singhvi - Full Document

Saroj Agarwalla(Dead) Thr Lr Abhishek ... vs Yasheel Jain on 24 October, 2016

It was further argued that although that the same principal was reitereated in subsequent cases, namely, Saroj Agarwalla Vs. Yasheel Jain [(2017) 14 SCC 285]; Jose Paulo Coutinho Vs. Maria Pereira [(2019) 20 SCC 85]; Pashupati Nath Das Vs. Chanchal Kumar Das [92018) 18 SCC 547]; Bojendra Mohan Mazumdar Vs. Durga Chatterjee [(2024) SCC OnLine Cal 2860]; Archana Mishra Vs. Dipali Chowdhury (AIR 2019 Cal
Supreme Court of India Cites 3 - Cited by 2 - S K Singh - Full Document
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