PARESH CHANDRA MAJHI Vs. BISWANATH MAJHI

JUDGEMENT

(1.) This first appeal is at the instance of the applicants in a proceeding for revocation of grant of a Probate and is directed against order dated 23rd December, 2004 passed by the Additional District Judge, Fast Track Court-Ill, Alipore in O.S. No.2 of 2004 thereby rejecting the proceeding by holding that the petition for revocation was not maintainable.

(2.) Being dissatisfied, the applicants have come up with the present appeal.

(3.) The appellants, the heirs and legal representatives of one Atul Krishna Majhi, since deceased, filed an application for revocation of the Probate granted in Original Suit No. 96 of 1956 thereby giving rise to Revocation Case No.49 of 1982 on the allegation that before the grant of Probate, no citation was issued to the predecessor-in-interest of the appellants and that the alleged compromise was outcome of fraud, inasmuch as, their predecessor, namely, Atul Krishna Majhi, never put his signature on the alleged compromise petition. It was further contended that the testator had no testamentary capacity to execute the Will in question at the relevant point of time when he was more than 106 years old. According to the appellants, they filed a suit for partition being Title Suit No.177 of 1981 in the Second Court of Assistant District Judge, Alipore and in that partition suit, the respondents on 30th April, 1982 filed written statement mentioning about the grant of Probate of the Will of Nibaran Chandra Majhi through whom the parties claimed title and from that written statement, the appellants, for the first time, came to know about the alleged Will left by Nibaran Chandra Majhi and the Probate in question.