CHHATIA DEV Vs. KRISHNA SINGH AND ORS.

JUDGEMENT

(1.) I.A. No. 5996 of 2012:

(2.) Learned counsel appearing on behalf of the opposite party-appellant submits that it would appear from the impugned Judgment and Order that the trial court proceeded with the case for ex-parte hearing without service of notice upon the opposite party-appellant, who is the sole daughter of late Bali Singh, the testator of the Will only on the basis of publication of notice in newspaper. It is also submitted that before the death of late Bali Singh, father of the opposite party-appellant, had executed the two gift deeds dated 5.2.1999 in favour of her sons, namely, Babloo Singh, Sanjay Singh and Dhananjay Singh regarding Plot No. 1147 area 33 decimals of Khata No. 256 and Plot No. 86 area 3 decimals of Khata No. 254 and also Plot No. 1147 area 64 decimals of Khata No. 256 but the same has been detailed in the Schedule-'A' property in the Probate Application.

(3.) On the other hand, learned counsel appearing on behalf of the Respondents submits that after sending the notice to the opposite party-appellant under ordinary process as well as Registered cover, the opposite party-appellant did not appear, then notice was published in the daily newspaper and, thereafter, the trial court proceeded with the case for ex-parte hearing and rightly passed the impugned Judgment and Order.