CHANNAGOUDA Vs. SOMANGOUDA

JUDGEMENT

(1.) The petitioner has challenged the legality of the order dated 22.01.2013, passed on the application filed under Order 1 Rule 10 CPC, by the III Additional District Judge, Bijapur, whereby the learned Judge has dismissed the petitioner's application for impleadment in a probate proceeding.

(2.) Briefly the facts of the case are that the respondent, Somangouda, had filed a petition for probate under Section 276 of the Indian Succession Act ('Act' for short), wherein he claimed that, he is entitled to a probate on the basis of a will left by Smt. Gurubai, whereby she had left her property in his favour. Subsequently, the citation was issued under Section 283 (1) (c) of the Act. In response to the said citation, the petitioner, who is the nephew of Smt. Gurubai, filed an application for impleadment under Order 1 Rule 10 (2) CPC. However, by order dated 22.01.2013, the learned Judge has dismissed the said application. Hence, this petition before this court.

(3.) Mr. P.S.Patil, the learned counsel for petitioner, has pleaded that a procedure has been established under the Act for dealing with the grant of a Probate by the District Judge. Section 283 deals with the power of District Judge.