LALBIAKTHANGI Vs. H DUNA

JUDGEMENT

(1.) :- In this Revision Petition, the petitioner impugns order dated 12-8-1992 passed by Smt. Marli Vankung, Magistrate 1st Class of the Additional Subordinate District Council Court, Aizawl in P. No. H.C. 188/91, directing the petitioner to deposit Rs. 50,43,360.00 or a security of the like amount into the Court until the disposal of the case within 15 days from the date of the order. The impugned order was passed under Order 39, Rule 10, C.P.C.

(2.) Facts of the case as contended on behalf of the petitioner, in a nutshell, may be stated. The opposite party filed an application for probate of an alleged "will" dated 2/08/1964 purported to have been left by one Shri Thangvunga who died in 1964. Said Thangvunga was the maternal grandfather of the petitioner. The opposite party is the brother-in-law of the petitioner. It is contended that since the opposite party has no blood relationship with late Thangvunga, the application for probate filed by him is not maintainable. It is also contended that the said application was filed after a lapse of 26 years from the date of death of the testator of the said will and no reason whatsoever has been shown for the delay. The application for probate was contested by the petitioner questioning the maintainability of the application.

(3.) Shri Thangvunga was survived by his only daughter Smt. Chhanhimi who also died in the year 1988. The present petitioner is one of the daughters of said Chhanhimi.