that
during his investigation the accused did not divulge about the pendency of
probate proceedings before Ld. District Judge. The said fact was also
admitted ... tell the IO about the
pendency of probate case filed by Smt. Samudari Devi. Even PW-1 Satya
Pal Sharma admitted that he was called
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
merely that the statute
enables him to act during the pendency of probate proceedings.
Learned counsel attempted to distinguish the judgment in the case
grant of probate of the said Will.
Appellant challenged the Will by filing objections and opposed the grant of
probate. During the pendency of probate
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
additional evidence i.e. judgment and order
dated 17.04.2010 granting probate and also probate certificate dated
20.05.2010. Earlier this application was directed to be heard ... concerned, it may be mentioned here that during the
pendency of the suit, the probate certificate was not issued. During
the pendency of this appeal
Sh. Swaraj Kumar Thapar vs Smt. Kamla Sehgal on 29 May, 2014
: 1 :
IN THE
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
that the intervening delay has been caused, in view of the pendency of probate proceedings, we consider it appropriate to fix a time limit
submitted
that respondent No.1 had got remarried during the pendency of the
probate petition. However, no effort was made by the petitioners to
establish ... during the pendency of the probate petition that respondent
No.1 had got remarried. In these circumstances, the learned
Appellate Court rightly modified the order
