RAMA KANT Vs. RAMRAJ

JUDGEMENT

(1.) Heard Sri Jaspreet Singh learned amicus curiae who has assisted with ability.

(2.) This Court having noticed neglect of duty on the part of learned counsel for appellant appointed Shri Jaspreet Singh as amicus curiae to assist the Court particularly on the aspect of jurisdictional objection reflected in the interim order passed by this Court on 3.2005.

(3.) This F.A.F.O. filed under Sec. 299 of the Indian Succession Act, 1925 assails the order passed in Misc. Case No. 118 of 1998(R) whereby the application filed by the opposite parties under Sec. 263 of Indian Succession Act, 1925 for revoking the order dated 9.5.1994 was allowed and the probate proceedings were restored for fresh adjudication. It may be noted that the order dated 9.5.1994 was passed by the learned District Judge, Sultanpur whereas the application for revoking the order on being filed by the opposite party before the district judge was assigned to the Additional District Judge-court No. 2, Sultanpur where the same was decided by annulling the order, hence the present appeal. At the initial stage when the appeal came up for orders, this Court was pleased to pass an interim order on 2.2005, which reads as under:-