SWARAN LATA Vs. P.P. SHARMA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The respondent carried the matter in an appeal to the Division Bench. In the appeal, the respondent (who was appellant) contended that the present proceedings under Sec. 263 of the Indian Succession Act, 1925, for revocation and annulment of the probate were not maintainable and that the order made by this Court had to be set aside.

(3.) The Division Bench took into account the order of the learned Single Judge, the Division Bench in the previous case ( Probate Case No. 34/1988 concerning the same will) as well as the order of the Supreme Court. In paragraph 16, the Division Bench observed as follows:-