MATILAL JANA Vs. KARTICK CHANDRA JANA

JUDGEMENT

(1.) The instant First Miscellaneous Appeal is directed against the Judgement and order being Order No. 8 dated 22nd December, 1992 passed by the learned District Delegate, Tamluk, in the district of Purba Medinipur in Judicial Miscellaneous Case No. 10 of 1992. The appellant as petitioner filed an application under Section 276 of the Indian Succession Act praying for grant of letter of administration in respect of the estate of one Haripada Jana alias Baneswar Jana, since deceased. It was pleaded by the petitioner that during his lifetime, the said Haripada Jana alias Baneswar Jana executed a Will on 11th July, 1975 and bequeathed his property in favour of the legatees. In the said Will, the testator appointed one Parameswar Jana as executor of the Will and directed him to obtain probate in respect of the said last testament executed by the above-named testator.

(2.) After the death of the testator, the executor instituted Probate Case No. 100 of 1985 before the learned District Delegate, Tamluk. In the said probate case some persons interested with the estate of the testator filed a written objection against the application for granting probate. Therefore, the said proceeding being contentious, it was transferred to the 6th Court of the learned Additional District Judge at Medinipur (undivided). The said proceeding was registered and renumbered as Other Suit 4 of 1987.

(3.) During the pendency of the said suit, the executor/petitioner did not take any step and the suit was dismissed for default. Subsequently, the petitioner, being one of the legatees filed Judicial Misc. Case No. 10 of 1992 praying for grant of letters of administration in respect of the Will of the aforesaid testator.