argued that the applicant was
always fully aware about pendency of probate proceedings, as
admittedly, he visited Delhi repeatedly and stayed with the
respondents ... service of notice and/or of the
applicant being aware about pendency of probate proceedings; and
as to whether the application has been filed within
never served with any notice/citation of
the pendency of the probate case. It is her case that the other two
sisters of Late ... testatrix, a probate petition was
filed by the petitioner as executor, seeking the grant of probate of
probate of the said Will. It was pleaded
such, the plaintiff has failed to show that the pendency
of the probate petition barred him to file the present suit. Hence ... plaintiff's relief of declaration was not dependent on pendency
of the probate petition. Therefore, it can be held that the relief of declaration
Letter of
Administration on the ground of mother having died intestate bearing
Probate Case No. 291/06/99. Defendant No. 1 propounds a Will dated ... defendant
No.1 by order dated 24.5.2005 in view of the pendency of probate
case. The probate case filed by the plaintiff was decided
away the funds beyond the reach of the plaintiff, despite the pendency of probate petition, as such, the cause of action is subsisting each ... away the funds beyond the reach of the plaintiff despite pendency of the probate petition.
The plaintiff has not disclosed the details of the alleged
Defendant Nos. 1 to 4 in the suit. During the
pendency of the suit Defendant No.1 died, and vide Orders ... right
to seek the said relief in an independent proceedings. Pendency of
probate proceedings which is not required, do not put any fetters
property described in Schedule 1 of the plaint during the pendency of the probate proceeding. Palto Kuer is
said to have come in possession ... remaining 8 annas share during the pendency of the probate proceeding. She later on executed a deed of gift in favour of defendant
gave 'No
Objection' but she also died during pendency of the
probate proceeding. According to the appellants, the
aforesaid two persons ... proceeding from a probate to letters of administration,
more particularly, when the wife of the testator died
during pendency of the said proceeding.
Ms. Sanghamitra
further submitted that during the
pendency of the probate petition, late Mohinder
Singh Chhabra was restrained from creating any
Page: 14/48
CS No. 13125 ... come on
record, since there was stay granted during the
pendency of probate petition and even stay is
operating against defendants with regard to sale
Probate case no. 228/98, titled
'Parkash Chand Sethi vs. State ', the applicant/petitioner Sh.
Rajvir Sethi was the party. The Probate petition ... established on record that
petitioner has full knowledge of pendency of Probate case on
30.09.1998 and he consciously filed NOC dated
