MEENA PRADHAN Vs. KAMLA PRADHAN

JUDGEMENT

(1.) The facts, in brief, giving rise to the present appeal are as under: There was one Bahadur Pradhan who married Meena Pradhan (Defendant2/ Appellant No.1 herein) with whom he had two children namely, Ravi Kumar (Defendant3/ Appellant No.2 herein) and Ku. Sushma (Defendant4/ Appellant No.3 herein). Allegedly, he divorced his first wife and solemnised another marriage with Kamla Pradhan (Plaintiff1/ Respondent No.1 herein) who gave birth to a child namely Ku. Ritu (Plaintiff2/ Respondent No.2 herein). Bahadur Pradhan (hereinafter referred to as 'testator'), seven days before his death (7/8/1992), executed a Will on 30/7/1992 in the presence of two witnesses namely Lok Bahadur Thapa (not examined) and Suraj Bahadur Limboo (PW2).

(2.) After the death of the testator, the Plaintiffs filed a case for receiving the testator's dues wherein a succession certificate was issued in favour of Respondent No.1 by VI Additional District Judge, Jabalpur vide order dtd. 5/7/1995. Proceedings stood concluded with the reversal of such an order by the High Court of Madhya Pradesh in terms of order dtd. 17/11/1995, quashing the entire proceedings, observing the authenticity and genuineness of the Will, in existence to be adjudicated in appropriate proceedings.

(3.) Pursuant to this order of the High Court, proceedings under Sec. 276 of the Indian Succession Act 1925 (hereinafter referred to as 'the Succession Act') for a grant of Probate or Letter of Administration were initiated by both the Plaintiffs. The Defendants challenged the execution of the Will in favour of the Plaintiffs, also raising an objection about the testator having married Plaintiff No.1.