D C RAIZADA Vs. STATE

JUDGEMENT

(1.) By this common judgment, I would be deciding IA 2390/98, being an application under Section 24 of the Code of Civil Procedure, filed by the petitioner in this case, seeking a transfer of Suit No. 389/97, titled Mahesh Kumar Raizada v. State and others, pending before the District Judge. The second application to be decided by this common judgment is IA 5613/98, filed by the respondent in the present case, seeking transfer of the present probate petition No. 60/96 to the District Court to be tried along with S. No.389/97. Respondent has also moved another application bearing No. 9769/2002 for an early decision of IA. 5613/ 98.

(2.) The facts giving rise to these applications may be briefly noted :

(3.) The position which emerges is that the petitioner, by the present petition seeks a probate in respect of registered Will dated 13-12-1995, instituted on 16-12-1996, while the respondent instituted the Suit No. 389/ 97 in the District Courts in December. 1997, seeking a probate in respect of Will by testator dated 27-1-1996, propounded as the last Will. Petitioner in the present case seeks transfer of Suit No. 389/97, pending in the District Courts while the respondent seeks transfer of the present probate petition to the District Courts.