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Khettramoni Dasi vs Shyama Churn Kundu And Ors. on 17 January, 1894 cites

Rabbaba Khanum vs Noorjehan Begum Alias Dalim Shahiba And ... on 12 March, 1886

The learned pleader for the opposite party has relied upon the case of Rabbaba Khanum v. Noorjehan Begum I.L.R. 13 Cal. 90, but we are of opinion that the circumstances of that case were very different from those in the case before us. In the present case it appears that the widow of the deceased, Nistarini Dasi, in the first instance opposed the grant of the probate, but he subsequently applied to withdraw her objections, and after that the appellant and petitioner before us, Khettramoni Dasi, who is the daughter of the deceased, applied that she might be made a party in order to contest the grant of probate. On the 8th of March 1893 the District Judge made this order: (reads order ante p. 540). The same day that this order was made the case was heard, and it was heard as an unopposed case.
Calcutta High Court Cites 3 - Cited by 5 - Full Document

Abirunnissa Khatoon vs Komurunnissa Khatoon And Ors. on 13 April, 1886

1. In this case a preliminary objection has been taken that no appeal will lie against the order of the learned District Judge, and we are of opinion that this objection is well founded. It is contended that under Section 86 of the Probate and Administration Act the order is appealable. That section runs as follows: "Every order made by a District Judge or district delegate by virtue of the powers hereby conferred upon him shall be subject to appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals. "Reading that section with Section 53* of the same Act we are of opinion that it only allows an appeal to this Court in cases in which an appeal is allowable under the Code of Civil Procedure. Now, this is an appeal against an order refusing to make the appellant a party defendant in the application for probate; in other words, to add her as a defendant in the case under the provisions of Section 32 of the Code. It has been ruled, however, by this Court in the case of Abirunnissa Khatoon v. Komurunnissa Khatoon I.L.R. 13 Cal.
Calcutta High Court Cites 1 - Cited by 3 - Full Document
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