ANIL BARAN TAPADAR Vs. SUNIL BARAN TAPADAR

JUDGEMENT

(1.) The above two revision petitions were directed to be heard together.

(2.) Both the petitions arise out of Order No. 17 dated 20.4.1993 passed by the learned Chief Judge, City Civil Court, Calcutta in Probate Case No. 129 of 1991. Pursuant to Court's order dated 29.6.1993, petitioners have filed affidavit of service showing service of the notice on the opposite parties. None appears to oppose the applications.

(3.) Having heard Mr. Roychowdhury, learned Advocate for the petitioners in both the matters, we find that the impugned order of the learned Chief Judge, City Civil Co art. Calcutta relates so the applications in both the cases for removal of the Executor to the Will under section 301 of the Indian Succession Act, they were found not maintainable inasmuch as the removal of Executor may be made only by the High Court and the City Civil Court has no jurisdiction to consider such applications on merit.