DEBENDRA NATH BHATACHARYA (DEC) Vs. UNKNOWN

JUDGEMENT

(1.) The Court : This is an application for recalling of an order dated 7th March, 2017 by which an earlier application filed by the applicant (being one of the applicants before the Court on that date) being GA No. 109 of 2011, was recorded as having been disposed of and 'become non est'.

(2.) The applicant is one of the two surviving sons and two daughters of one Uma Ganguli; the latter claimed to have a caveatable interest in the probate proceedings. By an order dated 26th August, 2009, the application for addition of Uma Ganguli as a party was allowed on the Court being satisfied that Uma Ganguli had a caveatable interest to join the probate proceedings.

(3.) An application for substitution was filed thereafter by the five heirs of Uma Ganguli sometime in January, 2011. However, by an order dated 22nd June, 2011, the probate proceeding was dismissed for default on the ground that the propounder had not been represented on several occasions. The said order records that no steps were taken in the probate proceedings despite caveats being lodged in support thereof. Since the probate proceedings were dismissed, the application filed by the five heirs of Uma Ganguli for substitution also stood disposed of by the said order.