SOURINDRA NARAYAN Vs. RABINDRA NARAYAN

JUDGEMENT

(1.) This is an application for transfer of the probate proceeding from the court of District Judge, Puri to the Court of District Judge, Cuttack by one of the objectors on the ground of convenience of enquiry.

(2.) The opposite party filed an application under S.276 of the Indian Succession Act, 1925 (in short 'the Act') for probate of the will purported to have been executed by the deceased Raja Sailendra Narayan Bhanja Deo at Cuttack in which the attesting witnesses were of Cuttack. The property bequeathed is situated in the districts of Cuttack and Puri. It is not disputed that most of the immovable properties and the movable properties bequeathed are in Cuttack district and the Puri court has jurisdiction to entertain the application for probate since some of the properties bequeathed are within the jurisdiction of District Judge, Puri.

(3.) Mr. B.K. Mahanti, the learned counsel for the opposite party raised a preliminary objection that the application for transfer should not be considered since all the near relations disclosed in the application for probate have not been made parties although S.22 of the Code of Civil Procedure (in Short 'the Code') under which the application for transfer has been filed requires notice to all the parties.