JAYANTIBHAI PRABHUDAS PATEL Vs. UPENDRA HIMMATLAL SHAH

JUDGEMENT

(1.) Heard learned Advocate Mr.Rashesh Parikh for Mr.H.M.Parikh on behalf of the appellant and learned Advocate Mr.Hardik B.Shah on behalf of the respondent.

(2.) By way of this First Appeal, the appellant challenges order passed by the learned 3rd Joint Civil Judge (SD), Nadiad dtd. 30/1/2002, whereby order granting probate was passed in an application preferred by the respondent-original defendant under Sec. 15(2)(B) of the Hindu Succession Act.

(3.) At the outset, it would be required to be mentioned here that the appeal is by an absolutely unscrupulous litigant, who, having filed an affidavit before the learned trial Court requesting the learned trial Court to grant probate in favour of the plaintiff, has preferred the appeal challenging the decision of the learned trial Court granting probate in favour of the original plaintiff, relying upon the affidavit of the defendant-appellant herein. It would also be relevant to mention that the appeal memo is completely bereft of any pleadings as to why the appeal has been preferred by the appellant inspite of having submitted an affidavit before the learned trial Court requesting the learned trial Court to issue probate in favour of the plaintiff and the learned trial Court having granted such probate upon the affidavit, is filing appeal thereagainst.