face of it, these reliefs are inconsistent with the
probate revocation application and the assertions that the probated
Will dated 25th April ... revocation application would necessarily fail. Conversely, the
fact that she has impeached the probated Will (or is supporting an
application for revocation of that probate
revocation, who
was the appellant before the Supreme Court, applied for revocation on the
strength of a later Will. The petition for probate in respect ... thereby, render the revocation unnecessary.
On whether upon a petitioner for revocation of a grant establishing just
cause, revocation would automatically follow, the following passage
same time,
however, even in the case of revocation of a probate the Court
has certain amount of discretion.
But in that case , the Court ... been contended that a ground which would
be sufficient for revocation of a probate would
ordinarily be sufficient to invalidate a grant and that
inasmuch
Limitation Act does not apply to the application for
revocation of probate."
The corresponding paragraph No.4 of the reply to aforesaid
application reads ... part of the petitioner
for filing the application for revocation of probate or that
there is sufficient cause for condoning the delay."
No doubt
that the appellant did not have any valid ground for revocation of the Probate.
5. It needs to be mentioned that neither party ... made, raising certain grounds, the Probate granted cannot be revoked. For revocation of Probate, one who seeks such revocation, should prove any one or more
that the appellant did not have any valid ground for revocation of the Probate.
5. It needs to be mentioned that neither party ... made, raising certain grounds, the Probate granted cannot be revoked. For revocation of Probate, one who seeks such revocation, should prove any one or more
Appeal has been filed against
the order dated 02.06.2009 passed in Probate Revocation Case
No. 49 of 1999 in the matter of Bhanumati Devi ... Singh by learned Sub-Judge I, Kaimur whereby and whereunder
the Revocation of Probate was allowed and probate granted was
revoked on the ground that
arising out of Probate Case
No.80 of 1983 whereby and whereunder revoked the probate granted
vide order dated 15.07.1997 under Probate Case ... Respondent/ petitioners launched Revocation Case
No.170 of 1999 for revocation, annulment of order dated 15.07.1997
passed in Probate Case No.80 of 1983 granting
appellants that the application filed by the plaintiffs for revocation of the probate granted in O.P.No.205 of 1988 dated 21.06.1988, is pending ... application in Appln.No.457l of 2008 for revocation of the probate.
14. The plaintiffs may get their right to seek partition if they succeed
appellants that the application filed by the plaintiffs for revocation of the probate granted in O.P.No.205 of 1988 dated 21.06.1988, is pending ... application in Appln.No.457l of 2008 for revocation of the probate.
14. The plaintiffs may get their right to seek partition if they succeed
