LAWS(GAU)-2006-11-26

DILIP DUTTA BHOWMIK Vs. MIRA DUTTA BHOWMIK

Decided On November 24, 2006
DILIP DUTTA BHOWMIK Appellant
V/S
MIRA DUTTA BHOWMIK Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24. 5. 2006 passed by the learned Additional District Judge (Court No. 2), West Tripura, Agartala in the Title Suit being T. S. (Probate) No. 01/1999 refusing to grant the Probate/letters of Administration to the appellants in respect of the WILL in question.

(2.) PROCEEDING BEFORE THE TRIAL COURT The appellant No. 1 filed the petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of the WILL dated 6. 8. 1997 executed by Late Bhupen Chandra Dutta Bhowmik. The petition was filed on 17. 12. 1997 and was registered and numbered as Case No. Misc. (Probate) 06/1997, later on renumbered as TS (Probate) 01/1999. On refusal of the executor named in the WILL to act as such and making it known by appearing before the Trial Court on 9. 3. 1999, the Trial Court by order dated 9. 3. 1999 allowed amendment of the petition so as to substitute the word "probate" to that of "letters of Administration" and accordingly the petition was treated to be a petition for grant of Letters of Administration in respect of the said WILL.

(3.) THE appellants No. 2 and 3 got themselves impleaded in the proceeding as petitioner and intervener respectively, they having had interest in the matter as the legatees of the WILL. The prayer for grant of Letters of Administration in respect of the aforesaid WILL has been rejected by the impugned judgment dated 24. 5. 2006 and being aggrieved, the petitioners have filed this appeal for reversal of the said judgment. The appeal was admitted by order dated 27. 5. 2006 and the records were called for. Alongwith the appeal the appellants filed the miscellaneous application being CM Application No. 186 (RFA)/2006 for stay of the operation of the impugned judgment dated 24. 5. 2006. While issuing notice on the prayer for stay by order dated 27. 5. 2006 the judgment was stayed. However, upon appearance of the respondents in the proceeding, the interim prayer was rejected by order dated 30. 6. 2006 observing that such rejection shall not effect the merits of the appeal.