Civil Procedure is irrelevant for determination of issues arising
in a probate proceeding. The said contention having not been
raised in the affidavit filed ... recourse to the said provision, the nature and character of a
probate proceeding cannot be changed.
(e) The claim of the appellants to have
such issues in one proceeding are likely to affect the finding in another proceeding, and therefore the application for probate as well as the special ... further submitted that issues which would arise before the probate Court in probate proceeding are limited and the same may not arise in the civil
contends that If the grant of probate is revoked then probate proceeding has to be heard de-novo. There is no order recording cancellation ... surplusage. However, since the probate has been revoked the original probate proceeding revives all the heirs and legal representatives in case of the death intestacy
grant of probate because Order 9 Rule 9 of the Civil P.C. has no application to a probate proceeding, as rightly found ... probate being an original proceeding, is a proceeding as contemplated by Section 141 of the Code. Therefore, such a proceeding clearly attracts the procedure provided
protected by the Probate Court during the
pendency of the probate proceeding. He further contended that, in fact, such
protection has already been given ... exercised by the representative of the Probate Court during
the pendency of the probate proceeding. By referring to the various judgments of
this Court passed
contended that the Probate was obtained without impleading all the heirs of deceased Upendra Nath to the said Probate proceeding and by not serving ... Probate has already been instituted. As such, those transactions have no material bearing to prove the validity of the probate proceeding.
30. Considering these rival
which is required to be gone into by the probate Court in
the probate proceeding and cannot be decided by the writ Court without
recording ... probate Court, is questions of fact, which have to be
gone into by the probate Court in the probate proceeding. Such question
of fact naturally
provisions
of CPC are applicable to a civil proceeding including probate
proceeding. Therefore, noncompliance of Order 7 Rule 1 attracts
dismissal of the application ... proceeding was converted into a proceeding to one for grant of letters of
administration. In an appeal from the order passed by the Probate Court
2021 and GA/5/2022
1. The parent probate proceeding bearing PLA No.327 of 2021 is for
grant of probate of the alleged last ... wherein Subhash Maniyar is the
3
Executrix. However, the present probate proceeding has been
instituted by Chandni for probate of the latter Will
contention that after dismissal of the earlier proceeding without
restoring the earlier proceeding, no fresh proceeding can continue is not
also a correct position ... this ground also the application for grant of probate is liable to be
dismissed.
The probate proceeding thus fails on both score, namely, failure
