making an application for probate, grant or
refusal of probate or an appeal carried against the decision
of the probate court. This is clearly manifested ... Court of competent
jurisdiction, would not be impugned in a court exercising
original jurisdiction (Civil Court) in suit to declare the
grant of probate illegal
before
the Calcutta High Court.
HIGH COURT JUDGMENTS
17. A learned Single Judge of the High Court allowed the said
application of discharge ... referring to a catena of decisions of the High Court and
this Court, held that Probate court does not decide any question of title
High Court and thereafter, the matter
came up before this Court which also affirmed the order of the High Court
granting probate in respect ... making an application for probate, grant or refusal of probate
or an appeal carried against the decision of the probate court. This is
clearly manifested
applied for revocation on the ground that
the probate was obtained fraudulently, however, the
Probate Court had rejected that application. It was
submitted that defendant ... revocation of the grant of probate.
In that matter, the plaintiff alleged that probate was
obtained from the probate court under cover of secrecy
Apex Court.
12. In Ishwardeo Narain Singh v. Kamta Devi and Ors. , it was held by the Apex Court that:
The Court of Probate ... making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate court. This is clearly manifested
this
Court (which remains to be decided) that he would be bound to deliver
such property as directed by the Court, if this Court ... Supreme Court held that the executor has no right which can be
established in a Court unless a probate is granted
that Court cannot issue any order on any other court, such other court not being a court subordinate to the probate court. The proceedings before ... administrator pendente lite. If such powers are exercised in probate cases by a probate court, there is no reasonable chance of any property being dissipated
circumstances operate as `res judicata' in probate proceedings taken out in the Probate Court. In a civil suit the Court is only concerned with ... Court as distinct from a Court of civil jurisdiction. The Apex Court in Chiranjilal Shrilal Goenka case (supra) has emphasised the fact that the Probate
consenting to the grant of probate, is binding on such parties. In such a case, if the Probate Court finds on evidence that the Will ... asked to keep these terms on the records of this court. A court of Probate always shies at terms of settlement. A court of Probate
last Will and testament of the deceased, it is a probate action. Probate Court cannot decide title. On the other hand, it is concerned only ... making an application for probate, grant or refusal of probate or an appeal carried against the decision of the probate court. This is clearly manifested
