ONKAR NATH BHASKAR Vs. S S BAKSHI

JUDGEMENT

(1.) By way of present appeal, appellants have challenged the impugned order dated 21st September, 2005 passed by the District Judge, Delhi wherein their application under section 263 of the Indian Succession Act (hereinafter referred to as the Act) seeking revocation of Letter of Administration dated 17th November, 2002 and suspension of judgment dated 15th September, 2001 in favour of respondent no.1 has been rejected.

(2.) Briefly stated the facts relating to the present appeal are as under:-

(3.) On 30th September, 2002, appellants herein moved an application under section 263 of the Act for revocation of probate which was granted in terms of judgment dated 15th September, 2001 wherein it is alleged that appellants came to know about the grant of probate when respondent no.1 had filed written statement in Suit No.76/2002 titled as Anuj Goel Vs S.S.Bakshi & anr seeking declaration and consequential release of possession of property, which at the relevant time was pending in the court of Mr.D.K.Malhotra, learned Addl. District Judge, Delhi. It is alleged that respondent no.1 had obtained the probate by concealing material facts/document. There was no real intention of deceased to execute will (Ex.PW2/1). Appellants were not served with probate petition, as such probate granted in favour of respondents be revoked.