RAMA MUKHERJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner in WP(C) No.6127/2010 has filed this application seeking review of the order dated 20 th April, 2011 passed by this Court dismissing the writ petition by giving liberty to her to challenge the order of injunction passed by the probate Court in an appeal to be preferred under Order 43 Rule 1(r) of the Code of Civil Procedure and also refusing to entertain the writ petition praying for declaration that the Will, which is sought to be probated in the probate proceeding is a manufactured, shame, colourable, collusive and fake document, as the said question cannot be gone into in a writ proceeding, which requires examination of evidences and as such, conveniently be gone into by the probate Court while deciding the probate proceeding instituted by the respondent No.4.

(2.) The facts relevant for the purpose of consideration and disposal of the review petition may be noticed as under:-

(3.) The probate Court upon hearing the learned counsel for the parties made the ad-interim injunction absolute vide order dated 24 th September, 2010. The review petitioner thereafter, filed the writ petition challenging the legality and validity of the ad-interim order of injunction dated 20 th March, 2010, order dated 24 th September, 2010 making the said order absolute, passed in Misc. (J) Case No.37/2010. The review petitioner also prayed for quashing the Will as manufactured, shame, colourable, collusive and fake document apart from the probate proceeding initially registered as Misc. (P) Case No.36/2010, and was reregistered as T.S. (P) No.43/2010.