MAHENDRA PRATAP SINGH Vs. PADAM KUMARI DEVI

JUDGEMENT

(1.) A very ugly situation faces the Court, the High Court, in its original jurisdiction in these cases. Many questions have been flung at the Court. The Court must answer them as they are all questions which this Court or any other Court will have to face some time or the other in the conduct of original proceedings.

(2.) There are two matters before the Court. Both arise out of and relate to the estate of one Mahendra Pratap Singh. By testamentary case No. 13 of 1986 (subsequently converted into testamentary suit No. 2 of 1988) Wing Commander Narendra Pratap Singh, the brother of the deceased, applied to the High Court for letters of administration on 18/09/1986. Notices were issued on the petition and an order for citation was also made. A year and a quarter later a petition was file by Padma Kumari seeking letters of administration on the same estate of the deceased. Wing Commander Narendra Pratap Singh has sought letters of administration upon a will dated 25/11/1985. Padma Kumari Devi the mother of the deceased was seeking letters of administration on a will dated 7/08/1985 and 25/11/1985, respectively. Notices were issued on the petition of Padam Kumari Devi also.

(3.) Pleadings in both the cases had been exchanged. The case filed by Narendra Pratap Singh was dismissed for want of prosecution on 31/10/1991. This case had been converted into a suit. Testamentary case No. 27 of 1987 had not been converted into a suit, to avoid multiplicity of proceedings under Chapter XXX of Rules of the High Court. One case would suffice to consider the matters on the estate of the dead man. The suit of Narendra Pratap Singh having been dismissed for want of prosecution, the case filed by the mother Padam Kumari Devi became a non-contentious business. This was case No. 27 of 1987. It had not been converted into a suit.