anyone. Further, the plaintiff has also filed a
petition for revocation of probate/letter of administration granted in
favour of Smt. Saraswati which is pending ... operation of the Letters of Administration, during the pendency of
revocation probate proceedings in probate case No. 191/84 before Ld.
ADJ Court, District Court
attempted to
impeach the said Will except under a proceeding for revocating
the probate.
28. The arguments of defence that the objections in respect ... file a separate
suit or file application under Section 263 for revocation of
probate.
30. Having determined the aspect that the applicants are entitled
intention to deprive the respondents from contesting the probate petition
never disclosed the filing of the probate petition to them neither service of
said petition ... grounds that no sufficient reason has been assigned for revocation of
the probate and the same is barred by limitation. It is stated that petitioner
Predecessor on 9.2.99, however on 31.5.01
application for revocation of said probate petition was moved on
behalf of objector Madan Gopal which revocation petition ... allowed
vide judgment dated 2.8.13 and probate order dated 9.2.99 was set
aside and original probate petition was revived and applicant Sh.
Madan Gopal
Introduction): In order to decide the petition for revocation of
probate granted in the year 1992, it is necessary to give introduction.
Sh.Narinder Kumar ... present petitioner Sh Surender Kumar Taneja
seeks revocation of letter of administration granted by way of probate
case no.220/1985 by judgment
others . Sh. Manoj Kumar
had also filed a petition for revocation of probate granted in favour
of Smt Tarawati. The said petition was registered
additional documents.
2. Brief facts of the case are that the probate petition
filed by the petitioner Harsarup was allowed by the court ... application u/s 263 of Indian
Succession Act for revocation and annulment of the probate
of WILL granted vide judgment dated 05.04.1999 by the
court
apprised the plaintiff and plaintiff was
well aware of the revocation of the probate of the 'Will' granted in his
favour ... judgment passed in probate
case No.150/06/02, they immediately filed a petition bearing No.LA No.
110/11 for revocation of judgment dated
clubbed with pending probate petition. In case the Will
of 1984 is found to be not validly executed by the probate court, the previous
Will ... effect of decision in probate case and modify
the preliminary decree accordingly. It is contended that only a probate court is
competent to give decision
wherein, it has been held as under :
"(iv) Probate Proceedings - Judgment pronounced in
a probate proceedings is a judgment in rem - It is binding ... held as under :
"(iii) Succession - Probate - Decision of a Probate
Court is a judgment in rem - A probate granted by the
competent Court
