R N GUPTA Vs. STATE

JUDGEMENT

(1.) This order will dispose of the application filed by Mrs.Pramila Gupta under Section 263 of Indian Succession Act for revocation of the grant of probate of the Will dated 21st February, 1985 executed by the deceased on the ground that the probate had been obtained by playing fraud on the Court.

(2.) The facts in short are that Smt.Shanti Devi, widow of late Ram Kishan Das died on 19th March, 1986. Petition for probate was made by Shri R.N. Gupta and Smt.Savitri Devi Gupta, son-in-law and daughter of the deceased. In the application for the grant of the probate of the Will dated 21st February, 1985 executed by the deceased Smt.Shanti Devi, alongwith the Will the list of near relatives of the deceased was also annexed. The names of the near relatives in the said list were Smt.Savitri Devi Gupta - petitioner No.2, Shri Sooraj Narain Gupta - husband of the predeceased daughter of the deceased. Proclamation of the petition was made in the newspaper and notice was also issued upon to respondent No.2. There was no opposition to the grant of probate and after evidence had been recorded, the application for grant of probate was allowed and probate granted in favour of the petitioners. The order for grant of the probate was passed on November 26, 1986.

(3.) The present application was filed by one Mrs.Pramila Gupta, wife of Mr.Ram Babu Gupta. It is alleged that probate had been obtained by playing fraud upon the Court and the petitioner had mis-represented the facts and did not furnish material particulars required to be furnished alongwith the petition. According to the application, the facts mis-represented fraud played and the relevant material withheld was as under: -