SOHAN DEVI Vs. STATE

JUDGEMENT

(1.) One Kartar Singh is alleged to have executed a Will dated 16th November, 1980 and subsequently died. In its terms he had nominated/bequeathed his estate to Smt. Sohan Devi, his wife. She filed the present probate petition under Section 276 of the Indian Succession Act. In the meanwhile a partition suit had been filed by her sons in respect of the estate of Late Kartar Singh.

(2.) At some stage during the proceedings, this court had directed that suit No. 868/1985 as well as the probate proceedings No. 3.1989 should be listed and considered together. Consequently, both the proceedings were treated as companion matters and were being listed together.

(3.) Smt. Sohan Devi died on 7.5.2003. However, the order sheets in this case reveal that the death of the petitioner Sohan Devi was not recorded or made known to the Court. This is evident from the orders dated 22.5.2003, 29.5.2003, 6.1.2004 and 25.3.2004 Since on 13.7.2004 there was no appearance on behalf of the petitioner, Probate case No. 3/1989 was dismissed.