NEENA V. PATEL Vs. JYOTSNA BEN P. PATEL

JUDGEMENT

(1.) Heard. Order dated 10.1.2012 passed by VI Additional District Judge, Jabalpur in Probate Case No. 7/2005 is being assailed vide this petition under Article 227 of the Constitution of India. Vide impugned order the Trial Court while entertaining an interlocutory application filed by respondent No.1/applicant directed for impleadment of Public in General as respondent in the Probate case.

(2.) The probate case, at the instance of respondent No. 1/applicant, wife of late P.B. Patel, is for grant of probate based on Will dated 23.12.1991 of late P.B. Patel. The petitioner and respondent Nos. 2 to 5 are daughters and son of late P.B. Patel who are non-applicants in the probate case.

(3.) That, an application, I.A. 25 was filed by respondent No.1/ applicant; whereby she sought impleadment of Public in General as party respondent/non-applicant No. 6. It was contended vide paragraph 6 of the application that although there is no provision in Indian Succession Act, 1925 to implead Public in General as party to the probate application, but as a matter of procedure to avoid any dispute in future by public against the estate of late Parmanand Bhai Patel, which is subject matter of Will, it is necessary to implead Public in General as party respondent/non applicant No. 6.