MAKHAN PRASAD SINGH Vs. BASUDEO SINGH

JUDGEMENT

(1.) HEARD Mr. Ratan Kumar Sinha, Jearned counsel for the Petitioner and Mr. Naresh Chandra Verma, learned Counsel for opposite party No. 1.

(2.) AFTER hearing learned Counsel for the parties, I am of the view that the revision application is maintainable.

(3.) UNDER Section 213(1) of the Indian Succession Act (for short 'the Act '), no right can be established in a Court, but the same does not preclude a person from instituting a case or setting up a defence on the basis of unprobated Will. Only rider is that such person is debarred from enforcing the right claimed on the basis of the unprobated Will (See Suresh Singh V/s. Dr. Raja Ram Singh reported in 1992 (2) P.L.J.R. 129). This Court further held that in a case of devolution or transfer of interest, provision of Order XXII, Rule 10 of the Code of Civil Procedure is not applicable and accordingly the Court was also not justified in rejecting the application on the ground of delay etc. As a matter of fact there is no delay also. [See Harisharan Pandey V/s. State of Bihar reported in 1992 (2) B.L.J. 426].