OM PRAKASH KAPOOR Vs. STATE

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing the Review Application. For the reasons stated therein, the application is allowed and the delay in filing the review application is allowed. The application stands disposed of. The applicant/petitioner had filed a probate petition under Section 276 of the Indian Succession Act for grant of Probate in relation to the Will dated 1st May 1980 by deceased Smt. Malan Devi who died on 21st December 1991. All Lrs of deceased Smt. Malan Devi were made a party apart from the State. None of the Lrs raised any objection quagrant of probate to the petitioner. Rather the Will was supported by other Lrs and the petitioner also examined attesting witnesses of the Will to prove it. However, neither the original Will nor the certified copy of the Will were on record and only a photocopy of the Will was placed on record. This Court, finding that neither the original Will nor the authenticated copy of the Will obtained from Sub-Registrar Office was placed on record, dismissed the Probate Petition vide order dated 15th May 2008.

(2.) THE petitioner has filed the present review application stating therein that due to inadvertent error of the newly appointed counsel for the petitioner, the original Will or an authenticated copy could not be brought on record. Along with the present review application, a duly certified copy of the Will obtained from Sub Registrar's Office has been filed. It is prayed that the Court should exercise its power under review and allow the Probate Petition since now the authenticated certified copy has been placed on record.

(3.) IT is submitted by counsel for the petitioner that since in the present case the newly appointed counsel discovered his mistake of not producing original Will or authenticated copy of Will, later on the review application should be allowed. It is also submitted that the Will, certified copy of which has been produced, was unopposed, uncontested by all the Lrs and there could be no doubt about its genuineness since it was registered in 1980 about 28 years back.