BIRESH GUPTA Vs. SUCHARITA GUPTA

JUDGEMENT

(1.) It is submitted by the learned advocate appearing on behalf of the petitioner that this application under Article 227 of the Constitution of India is being moved under peculiar circumstances. A probate was granted on May 29, 2002, wherein the name of the daughter of the testatrix was mentioned as Sutapa Sarker instead of "Samita Sarker", which is her actual name. Subsequently, the probate was acted upon without noticing such discrepancy, but only recently it has cropped up that certain issues are being faced by the legatees due such wrong recording of name.

(2.) The learned advocate appearing on behalf of the petitioner submits that, due to the long lapse of time in the interregnum, no certified copy of the order granting probate is available and, as such, the petitioner has had to approach this court on the basis of a photocopy of such a certified copy of the same. It is submitted that only a correction of such clerical error would solve the problem and, as such, there is no bar for this court to undertake such exercise. However, it would be improper for this court to usurp the jurisdiction of the probate court and the petitioner has to approach the appropriate court having jurisdiction at present to grant probate in respect of the will-in-question, even for such minor rectification of name.

(3.) Accordingly, the revisional application bearing C.O. 1922 of 2019 is disposed of without interfering with the impugned order, but granting the petitioner liberty to approach the court having jurisdiction at present to grant probate in respect of the will in question, making a prayer similar to that made in the instant revisional application. If such an application is made, the concerned probate court is requested to dispose of the same as expeditiously as the business of the court permits, without granting any unnecessary adjournment. There will be no order as to costs. Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.