Hari Singh & Anr. vs The State & Anr. on 3 December, 2010
Author: Vikramajit
from the date when the right to apply for the setting aside of the probate accrued to him. This right obviously accured to him right ... accrual of the right in his favour for getting the probate set aside could not postpone the starting point of limitation. He had to make
decree dated 6-8-43 dismissing this suit is revoked and set aside. Probate granted in terms of the Terms of Settlement put in. Leave ... suit. A judgment in rem cannot be revoked or set aside by a judgment which is only conclusive between the parties. Therefore the proper remedy
decision with regard to the Codicil must be set aside and probate granted to the petitioner of the Codicil dated 11th September ... with reference to the Codicil of 11th September 1920 is set aside and probate of the same should be granted to the applicant
Suspicious circumstance, what is Order of trial judge rejecting application for Probate set aside Bequest in favour of second wife and her sons (Appellant
when an application is made for setting aside that ex parte order, the Court should set aside the ex parte order inasmuch as sufficient cause ... set aside and consequently, the ex parte order granting probate dated 29.02.2008 is also set aside. The matter must be adjudicated afresh by the first
Civil Procedure Code is not maintainable in a probate proceeding for setting
aside the ex parte order and in view of the specific provisions contained ... Civil Procedure
was available to a party in a probate proceeding for setting aside such an ex parte
decree. The Calcutta High Court
interested and necessary parties. Hence,
prayed the Court to set aside the probate and succession
certificate granted in P&Sc No.6/2014 ... have allowed the petition and committed an error in
setting aside the probate granted and hence, it requires
interference.
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11. Per contra, the learned
CIVIL PROCEDURE, 1908, PRAYING TO
REVOKE AND ANNUL THE PROBATE AND SET ASIDE THE ORDER
DATED 12.11.2013 AS PASSED BY THIS HON'BLE COURT ... praying this
Court to revoke and annul the probate and set aside the order
dated 12.11.2013 passed by this Court in Probate
objected by filing
objections question of seeking an order to set aside the probate
does not arise. Since, no objection was raised. The counsel also ... Court are:
1) Whether the impugned order requires to be set aside
and probate proceeding of P and SC No.38/1983