TRIBHUVAN NATH PURI Vs. STATE

JUDGEMENT

(1.) BEFORE proceeding to deal with the main petition, it needs to be clarified that in the order dated 1. 5. 2008, while culling out the status of the service of summons on the family members of the deceased testator, insofar as ms. Savita Puri- respondent no. 5 is concerned, it was recorded that she was shown to have been served vide order dated 7. 12. 1983. It was further recorded that vide order dated 25. 7. 1984, it was directed that the matter be listed before the court for taking ex-parte proceedings against Ms. Savita Puri. However, in the aforesaid order, it was erroneously recorded that no specific order for proceeding ex-parte against Ms. Savita Puri was passed. Today, while perusing the order sheets, it transpires that Ms. Savita Puri -respondent no. 5 and ms. Vimla Beri -respondent no. 1, were proceeded against ex-parte vide order dated 6. 8. 1984. Accordingly, the order sheet dated 1. 5. 2008, stands rectified to the extent that Ms. Savita Puri was proceeded against ex-parte vide order dated 6. 8. 1984.

(2.) NOW, coming to the present petition, the petitioners, mr. Tribhavan Nath Puri and Mr. Vishwa Nath Puri have jointly filed this petition under Sections 231 and 232 of the Indian Succession Act (in short referred to as 'the Act') for grant of Letters of Administration in respect of Will dated 1. 9. 1975, executed by their father, late Rai Bahadur Amar Nath Puri, who died in delhi on 30. 1. 1976. On his death, the father of the petitioners was survived by his two sons, the petitioners herein and five daughters as detailed in para 3 of the petition. The testator's wife Ms. Harbans Kaur expired in December, 1973, i. e. prior to the execution of the Will by the deceased testator.

(3.) THE present petition, seeking probate of the Will of the testator, was filed by the petitioner on 24. 3. 1983. Probate was registered on 16. 5. 1983 and notice was issued to the relatives, Chief Revenue Controlling authority and the general public by way of publication in the 'hindustan Times', returnable for 20. 7. 1983. A citation of the present petition was published in the English edition of 'hindustan Times' on 18. 6. 1983. In response to the notice of the present petition, Ms. Sunita Bhalla- respondent no. 2 entered appearance. Ms. Vimla Beri- respondent no. 1 was duly served but as none appeared on her behalf, she was proceeded against ex-parte on 6. 8. 1984. Similarly, ms. Savita Puri- respondent no. 5 was served, as recorded in order dated 7. 12. 1983, but since she did not enter appearance, she was also proceeded against ex-parte vide order dated 6. 8. 1984. Ms. Subbashni Abrol- respondent no. 3 was served for 20. 7. 1983 and vide order dated 21. 9. 1983, it was directed that as Ms. Subbashni Abrol-respondent No. 3 had not presented herself, so the matter be placed before the Court for proceeding ex-parte against her. However, a perusal of the order sheet shows that no specific order was passed for proceeding ex-parte against Ms. Subbashni Abrol- respondent No. 3. Instead, in the order dated 29. 1. 1986, it was recorded that Ms. Subbashni Abrol- respondent no. 3 had expired in January, 1986 and directions were issued to the petitioners to bring her LRs on record.