BHAGABATI M. ONDAL Vs. RAM HARI MONDAL

JUDGEMENT

(1.) This instant appeal has been preferred by the appellants challenging the impugned order No. 104 dtd. 26/2/2013 passed by the learned Additional District Judge, First Track Court Malda in connection with Misc. Probate Case No. 20 of 1996. There is inordinate delay in filing this instant appeal.

(2.) It is submitted on behest of the appellants that the aforesaid Probate Case was taken for first time on 19/5/1996 and on that day learned Trial Court directed the respondent herein to serve notice upon opposite parties to the case. Since long notices were not served upon the opposites parties/appellants (herein), direction was passed by the learned Trial Court to take appropriate steps for causing service of notice. Thereafter, Opposite Party No. 5 Sashi Bala Mondal was served with the notice and she appeared before the Court on 24/1/2006 through her learned Advocate by filing Vakalatnama. Opposites Parties Nos 1 to 4 were also served with the notices and they appeared on 14/1/2008 and prayed for filing written objection which was allowed by the learned Court below fixing next date of the case on 26/6/2008.

(3.) On the said date the opposite party again prayed for time by filing petition and the said petition was rejected by the learned Trial Court fixing the date for exparte hearing. On 24/4/2008 as no step was taken on behalf of the opposite parties, again date was fixed by the Trial Court for exparte hearing.