MONI MOHAN PAUL Vs. SOVARANI PAUL

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dtd. 30/4/2013 passed by Additional District Judge, 13th Court, South 24 Parganas at Alipore (in short, the Ld. Trial Court) in Revocation Case Number 153 of 2005.

(2.) The facts of this appeal enumerate that testator Durgapada Paul died on 3/11/1988, leaving behind his wife Radha Rani Paul, son Moni Mohan Paul and five daughters namely Sova Rani Paul, Biva Rani Paul, Niva Rani Paul, Mina Rani Paul, Monju Rani Paul and relatives as his natural heirs and legal representatives. On 31/4/1990, about two years after his death, the appellant filed an application U/S 264 of the Indian Succession Act 1925 (herein after referred as, the Act) before Civil Judge (Senior Division) 10th Court Cum District Delegate, South 24 Parganas at Alipore (herein after referred as, the Probate Court), for grant of probate to an unregistered Will, claimed to have been executed by Durgapada Paul on 21/11/1984. Ld. Probate Court has granted probate on 26/4/2004 in Act XXXIX (Probate) Case No. 148 of 1990 (in short, the probate case). Based on the said order, the appellant prayed for mutation of his name against scheduled immovable properties under the Will before BL and LRO Sonarpur, upon which a mutation case being number 42/1549/B.L/S.M.P/ dtd. 11/04/2005, R.I. Kalikapur 701 Kalikapur 2/05 dtd. 18/8/2005, was started and notices to the legal heirs and legal representatives of testator Durgapada Paul were issued from his office. Only then, the respondents came to know everything about the Will and its exparte order of Probate.

(3.) Being aggrieved by said order, respondents Sova Rani Paul, Mina Paul, Monju Paul and Gautam Paul prayed for revocation on the ground that-