KEISHAM O CHAOBA DEVI Vs. KEISHAM MANIHAR SINGH

JUDGEMENT

(1.) THE revision petitioners are assailing the order dated 31. 08. 2005 passed by the learned District Judge, Manipur West. Imphal in Original Review Petition No. 31 of 2005 restoring the original Probate Case No. 23 of 2003 vacating the order dated 05. 06. 2004, whereby the probate case was dropped on withdrawal.

(2.) I have heard oral arguments made by Shri H. S. Paonam, learned counsel assisted by Ms. Harichhaya Devi, advocate for the petitioners and that of Shri HNK Singh, learned senior counsel assisted by Mr. Genandro Hijam, advocate for the respondent No. 1. I have also perused the impugned order and the records.

(3.) BRIEF facts leading rise to filing of this revision application are that the respondent No. 1 filed an application under S. 276 of Indian Succession Act, 1925 in the Court of District Judge praying for issuance of a probate certificate of the estate of late Keisham Kunjo Singh, which was bequeathed by the testator under Will dated 24. 02. 1999. The said application was registered as Original Probate Suit No. 46 of 2002. The said suit was withdrawn on 30. 04. 2003 on the ground that certain statutory information, including the value of the bequeathed property, were not reflected in the probate application.