absence of the principal respondent on a petition for revocation of the grant of
probate filed under Section 263 of the Succession ... grant of probate being filed or for a petition for revocation of probate
being lodged. Even if the residuary article in the schedule
only to file an
application for revocation of a grant of probate under Section 263 of the
Succession Act and not to file a civil ... person having caveatable interest entitled to seek
for revocation of probate. This submission is supported by a Division Bench
Judgement of the High Court
which the petitioner's application for revocation of a probate granted on June 4,
1982 in respect of a Will of a person ... also impleaded in the
petition for revocation, it was completely unnecessary. It is elementary that a
Probate Court does not decide on title.
According
application for revocation of a probate already granted.
Neither the probate proceeding nor the application for revocation
are available in the records of the Court
Debangshu Dinda, Adv.
The Court : This is an application for revocation of a probate dated 27th
September, 1988. A prayer is made for adjournment ... satisfy the Court
as to why this application for revocation of the grant of probate dated 27th September,
1988 should at all be allowed
Advocate for the petitioner submits that, his client had
applied for revocation for probate on April 13, 1995. Such application for
revocation has not been ... produce the cause
papers relating to probate case No. 39 of 1995 and the application for revocation
claimed to have been made by the applicant
said Act that provides for the
revocation or annulment of a grant of probate or letters of administration
for just cause. Again, Section ... classes of persons who may apply for revocation or annulment of the grant
of a probate or letters of administration. Section
Sanjay Kumar Sharma
and Sudha Sharma for revocation of grant of probate in respect of
the last Will and Testament of one Sudhindra Nath Mondal ... over again that there is no such thing as conditional
probate or an amended probate. In is either all or nothing. That
seems
essentially civil in nature and, the private respondents are armed
with the probate of a Will left behind by the testator/previous living owner ... also the subject matter of a proceeding for
revocation of the probate.
3
Considering the rival submissions and the materials placed, this Court is
satisfied
widow of the testator and she applied for
revocation of the grant of probate on the ground that the appellant was not cited ... interim order is enjoyed by the respondents; and,
that the application for revocation of grant was filed beyond the period of limitation as
the appellant
