aforesaid PLA No. 88 of 1993 for seeking
revocation of the probate granted to the will of Kamal
Kumar Mitra on the ground that ... having not been made, is entitled to file application for
revocation of the probate on the available grounds. The decision is
firstly distinguishable on fact
respect of
grant of probate, of letters of administration in respect of the
probate granted, and cancellation of probate (or letters of
administration ... 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
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 ... limitation under Article 137 of the Limitation Act in
proceedings for revocation of probate.' Similarly in Kunvarjeet Singh
Khandpur vs. Kirandeep Kaur
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 ... limitation under Article 137 of the Limitation
Act in proceedings for revocation of probate"
Issue requires consideration. Hence, this appeal is
admitted.
Following substantial
Succession Act, 1925 before the District Court concerned,
seeking revocation of the probate granted to the Respondent on 09.09.1960.
The trial Court dismissed it both ... years after she attained majority, her
application for revocation of grant of probate was rightly rejected.
45. In Jaswant Singh and others Vs. Parkash Kaur
