RAM NARESH SINGH Vs. SMT. SHARAD KUMARI

JUDGEMENT

(1.) Plaintiff Ram Naresh Singh instituted the present probate petition with a prayer for grant of probate of Will dated 13.05.1984 alleged to have been executed by Late Smt. Rani Rebati Devi. The plaintiff is the executor named in the said Will.

(2.) The present probate petition was earlier instituted in the court of District Judge, Deoria and was numbered as 72 of 2006, later on probate petition was renumbered as Case No. 37 of 2007. The aforesaid probate petition was transferred by the Apex Court by order dated 10.08.2018 in Civil Appeal No. 3668 of 2018 to this Court. On being transferred, the present probate petition is numbered as 1 of 2018.

(3.) After the record of probate petition is received, notices were issued to defendants in the suit. The registry submitted a report on 24.07.2018 that defendant no. 15 (Sri Kanhaiya Prasad Singh) and 20 (Vindhyavasini Singh) are dead. In another report of the registry dated 01.08.2018, it is stated that defendant no.11 (Smt. Rani T.R. Devi) is dead. Consequently, on the reports of registry, learned counsel for the plaintiff filed substitution application No. 2 of 2018 on 07.08.2018 to substitute the legal heirs of defendant nos. 15 and 20. Another substitution application no. 9 of 2018 along with delay condonation application no. 8 of 2018 was filed by the plaintiff on 19.08.2018 for substituting the legal heirs of defendant no.11. On the aforesaid applications, contesting defendants were granted time to file objection.