KISHAN GUPTA Vs. STATE

JUDGEMENT

(1.) I.A. No.8972/2012 (under Order 12 Rule 6 CPC by respondent No.8) and Test Case No.40/2002 This is an application filed under Order 12 Rule 6 of Code of Civil Procedure, 1908 (CPC) on behalf of respondent No.8 for dismissing the probate petition on admitted facts. The present probate petition has been filed with respect to a Will dated 27.6.1984 of the deceased late Sh. Balmukand Gupta.

(2.) In the application, respondent No.8/applicant states that in fact Sh. Balmukand Gupta had left a Will dated 6.6.1984 and which Will was probated by this Court in probate case No.72/1985. In the application, it is further stated that pursuant to the grant of the probate, the estate has been administered and all the parties, including the beneficiaries to the Will as propounded in the present case, have received their shares. It is necessary, at this stage, to refer to paras 12 and 13 of the present application under Order 12 Rule 6 CPC and the same read as under:-

(3.) The petitioner has replied to these paras by stating as under:-