JAGDISH PRASAD Vs. GOVERNMENT OF NCTG OF DELHI

JUDGEMENT

(1.) This First Appeal is filed under Order 43, Rule 1(d) of the of Civil Procedure, 1908 (CPC) read with section 299 of the Indian Succession Act, 1925 impugning the judgment of the trial court dated 9.11.2009 by which the trial court has dismissed the petition filed by the appellants herein for revocation of the probate granted vide judgment dated 25.10.1990 to the respondent No. 2 herein and who was the petitioner in the probate petition. Respondent No. 2 herein had sought probate of the unregistered Will of his uncle Sh. Umrao Singh dated 23.12.1983. The present appellants were respondent nos. 2 and 3 in the probate petition, and they are real brothers of the respondent No. 2/petitioner/Sh. Pyare Lal. The disputes therefore are between three brothers and who are sons of Sh. Jawala Prasad. Sh. Jawala Prasad was the real brother of the deceased testator Sh. Umrao Singh.

(2.) The facts of the case are that the petitioner Sh. Pyare Lal filed probate petition no. 314/1988 for grant of probate of the Will dated 23.12.1983 of the deceased testator Sh. Umrao Singh. In this probate petition, there were a total of 8 respondents. Respondent nos. 2 and 3 of the probate petition were the brothers of the petitioner, and they are the appellants in this appeal as already stated above.

(3.) None of the respondents appeared. The probate petition was allowed in favour of the petitioner Sh. Pyare Lal in terms of the judgment dated 25.10.1990 after the respondents in the probate petition were proceeded ex-parte because as per the service report the respondents had refused service or were served by affixation.