KRISHNA KUMAR AGRAWAL Vs. JAGNANDAN SARAN KOTHIWAL

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 16-3-1989 passed by the XIV Additional District Judge, Moradabad rejecting the application (96-C) which was filed by the applicants for the recall of order dated 15-5-1987.

(2.) HEARD the learned counsel for the applicants Sri R. N. Bhalla.

(3.) THE court below has exercised its jurisdiction and merely because the applicants are challenging the genuineness of the will, it cannot be said the court below had no jurisdiction to direct the Bank to remit the amount to the court for the utilization of the court fee. THE learned counsel for the applicants then argued that no opportunity was afforded to them. I find no merit in this submission. It is clear from the order that the applicants filed objections and after considering the arguments advanced on their behalf, the Incharge District Judge Moradabad passed an order dated 11-2-1987. THE order dated 15-5-1987 was passed keeping in view the order dated 11-2-1987. It was only a consequential order.