Indian Succession Act,
before the District Court, Bangalore, seeking revocation of
probate granted to Mrs. Mathias on 09.09.1960. It means
that the appellant approached ... probate by
a Competent Court operates as a judgment in rem and once
the probate to the Will is granted, then such probate is good
under Section 263 of the Indian Succession Act,
1925 seeking for revocation of probate granted by the
Court below vide its order dated ... such Article 137 squarely applies to an application filed
seeking revocation of probate. In that regard he also
relied upon a judgment of a coordinate
construed as
holding the petition for revocation to be maintainable. A petition for
revocation of probate would certainly lie in the Court of first instance ... have the locus / cause to maintain a petition for revocation of probate. The
order of Appellate Court, merely observing that relief of revocation of
probate
probate order dated 28.02.1981 passed in Probate Case no. 6 of 1977
revoked the order dated 10.09.1997 passed in the said probate case
regarding amendment ... Thereafter, Tappu Choudhary and others filed
Revocation (Misc) Case no. 26 of 1999 for revocation of the
aforesaid probate as well as amendment order
thus not
entitled to maintain the present petition for revocation of the Probate
granted in favour of the respondent no.1.
57] Mr Joshi, learned ... 2017 01:41:28 :::
mp1713.doc
1925, for revocation of probate granted by this Court on 29 th
September 2010. He submits that
plaintiff had filed O.P.No.2746 of 2005 for revocation of probate granted. The second defendant, who is one of the identifying witness ... filed an application No.4122 of 2005 for revocation of probate granted on 05.08.2002. After contest, this Court, by order dated 17.02.2006, revoked the grant
said Will.
Immediately thereafter, they filed an application for revocation of grant of probate
before the court. The application for revocation of grant of probate ... That apart, fact remains that the plaintiffs' application for revocation of
grant of probate is still awaiting consideration before the court of competent
jurisdiction
void for want of any jurisdiction, even
9
excluding the probate proceedings and revocation
proceedings. If the parties have approached the
Court for declaration ... First Appellate Court. Even
accepting that there is a revocation of the probate
proceedings the law provides the parties to
approach the Civil Court
2017 Page 4 of 5
the proceedings where revocation of probate is prayed, for
maintenance of status quo with respect to the suit property till ... issue of revocation of probate granted to Smt. Saraswati
Devi/respondent no.2 is decided, but the learned counsel for the
appellant/plaintiff insists
under Section 263 of the Succession Act, 1925 for the
revocation of a probate granted by the District Delegate, Hooghly. The petition
for revocation ... Indian Succession Act to hold that the petition for revocation of the probate was
not maintainable. It is necessary to see the entirety
