SURENDRA CHANDRA Vs. LAXMINARAYAN

JUDGEMENT

(1.) This application by defendants 12 to 14 is directed against the order of the Subordinate Judge, Balasore, refusing their application for transposing them as plaintiffs in place of the original plaintiff on her death in a suit for partition.

(2.) The application was made by the petitioners on the ground that the plaintiff had executed a wilt in their favour bequeathing her share in the suit property to them. The application was rejected by the learned Subordinate Judge on the sole ground that the will had not been probated by the court under S.211 of the Succession Act (for short 'the Act').

(3.) I am informed that in the meantime the will has been probated in favour of the petitioners for which Mr. Kar appearing for them wanted time to produce the order. Since the statement is coming from the Bar, I would prefer to accept the same.