MUNISH BHALLA Vs. STATE

JUDGEMENT

(1.) The present appeal arises against an order dated 21st December, 2009 passed by the Ld. ADJ whereby objections filed by the appellant opposing the grant of probate was dismissed by the Ld. ADJ on the ground that the objections were not filed in time even though the objector had knowledge about the proceedings and no reason was tendered for the delay. The following facts lead to the present appeal.

(2.) That the appellant's father and the testator are brothers and ran a business together and the loan they had raised against the title deeds of the said property was recalled after their business ran into heavy losses. That the appellant's father relinquished half his share in favour of the testator and also executed a relinquishment deed dated 28.12.1987 in the testator's favour. In the year 1992 the appellants father through his wife and the appellant applied for cancellation of the relinquishment deed by filing a suit bearing no. 371/4/92 before this high court wherein this court was granted a stay order dated 16.4.1992 whereby the testator was restrained from encumbering or parting of possession of the said property and thereafter the suit was subsequently transferred to the court of the District Judge.

(3.) Soon thereafter the testator contested the suit and after his death his legal heirs contested the suit on his behalf and vide decree dated 29.08.2005 the suit stands decreed and the deed stands cancelled. But before the death of the testator he executed a will dated 7.03.1994 whereby he bequeathed the said property to Respondent No.2 and soon thereafter Respondent No.2 filed a petition for grant of probate bearing no. 85/96 against the will dated 7.03.1994.