SUNIT KUMAR JAIN Vs. GENERAL PUBLIC

JUDGEMENT

(1.) Application is allowed, as prayed for and accompanied Annexures R-l to R-3 are taken on record. 1. The present appeal has been filed by the appellant Sunit Kumar Jain against the judgment dtd. 6/1/2023 passed by the Court of Additional District Judge, Rohtak whereby the petition filed by the appellant for grant of probate/letters of administration with regard to will dtd. 22/1/1998 executed by Kanshi Ram Jain, father of the appellant was dismissed.

(2.) The brief facts of the case of the appellant are that his father Kanshi Ram Jain died on 9/3/1998 leaving behind sons, namely, petitioner Sunit Kumar Jain, respondent No.2 Vinit Kumar Jain, respondent No.3 Pardeep Kumar Jain, respondent No.4 Navin Kumar Jain, respondent No.5 Parveen Kumar Jain as his sons and daughter namely respondent No.6 Kamal Jain as his only legal heirs. Kanshi Ram Jain executed valid will dtd. 22/1/1998 with regard to his estate. The appellant filed petition under Sec. 278 of Indian Succession Act for grant of probate/letters of administration with regard to said will executed by his father. In the said petition all the other legal heirs of Kanshi Ram Jain were impleaded as party along with general public.

(3.) On receiving the notice, respondent No.6 appeared in the Court concerned and pleaded 'no objection' if the probate is given in favour of the appellant with regard to will in question. However, respondents No.l to 5 did not appear in the Court below and were proceeded against ex-parte.