KANTA DEVI Vs. STATE

JUDGEMENT

(1.) RAMWATI 's estate was litigated upon. Shri Krishan as also Kanta Devi filed 2 petitions seeking probate of respective will relied upon and as stated to be executed by Ramwati. Petition seeking probate filed by Shri Krishan was registered as PC -19/2002. Petition seeking probate filed by Kanta Devi was registered as PC -432/2001. Both petitions were filed 3 years after the date of death of Ramwati. A preliminary issue pertaining to the maintainability of the probate petitions with reference to the law of limitation was framed in both petitions. Both petitions were disposed of vide common order dated 26.10.2002 holding that both petitions were barred by limitation. In taking the view, decision of this Court reported as, 2000 RLR 137 Pamela Man Mohan Singh v. State was relied upon.

(2.) IT is not in dispute that the said view has since been dissented from by a larger Bench of this Court holding that pertaining to grant of probates of a will since a will is a indenture of entrustment till trust is discharged, remedies can always be invoked pertaining to grant of probate.

(3.) BUT , a problem has arisen. Whereas Kanta Devi, the petitioner of Probate Case No. 432/2001 has challenged the order dated 26.10.2002, Shri Krishan, the petitioner of Probate Case No. 19/2002 has not challenged the said order.