ASHOK KUMAR ADOPTED Vs. RAMPYARI BAI

JUDGEMENT

(1.) This appeal is filed against the order passed by single Bench in an appeal under Section 299 of Indian Succession Act, 1925 (hereinafter referred to as the 'Act'), affirming the order dated 2-5-1992, passed by Shri Vikas Jain, Fifth Additional District Judge, Gwalior in Probate Case No. 8/87.

(2.) An application for grant of probate was filed by the appellant claiming therein that by Will dated 27-6-77 one Ramdevi has bequeathed her property in favour of appellant. The appellant claimed that he was adopted by Ramdevi. The Will was disputed and probate case was tried in the Court of Additional District Judge. Learned Additional District Judge found that the Will was not executed by Ramdevi, and dismissed the application. The appellate Court has affirmed the finding.

(3.) Learned counsel for the appellant submitted that the Additional District Judge had no jurisdiction to entertain the probate petition. He submitted that under Section 388 of the Act, notification is issued by the State of Madhya Pradesh, whereby all the powers of District Judge have been invested with Civil Judge Class-1. Therefore, the order passed by the Additional District Judge is null and void. He further submitted that the appeal be allowed and the petition for grant of probate filed by the appellant be returned for presentation to the proper Court.