VIVIAN PAREIRA Vs. DAVID LOUGHRAN

JUDGEMENT

(1.) THIS is an appeal under Section 299 of Indian Succession Act 1925 (henceforth 'the Act' for short), against the order dated 15.2.1994, passed by the IVth Additional District Judge, Jabalpur, in Misc. Judicial Case No. 70/87 and Misc. Judicial Case No. 86/87.

(2.) THE memo of appeal mentions inadvertently that this appeal is filed against M.J.C. No. 70/87. When this fact was brought to the notice of learned counsel for the appellant, he filed I.A. No. 10590/96 seeking extention of time for payment of court fee and treating this appeal against M.J.C. No. 86/87 also. He has affixed the required stamps for this purpose. In the opinion of this Court, since this is a common order, and the error in filing an appeal against one order must have been due to over -sight, it is in the interest of justice that time under Section 149 of the Code of Civil Procedure for payment of court fee is extended and the court fee paid alongwith application dated 30.11.96 be accepted. The counsel is directed to make the necessary amendment in the memo of appeal on the date of delivery of judgment. The Reader of this Court shall point out to this part of the order to the counsel and after this memo of appeal is amended, the office shall also make the necessary corrections in the register concerned and certify the correction in memo of appeal. This appeal was heard and is being disposed of as if filed against the order both the M.J.C. No. 70/87 and M.J.C. No. 86/87.

(3.) IT was stated in the application for grant of probate that during the intervening period between execution of will and her death Mrs. Lynch had made transfers by way of gift, sale and perpetual lease. She left after her death the movable and immovable property as per following schedule -