MALKOM WALESKI Vs. BARBRA REBERIO @ BARBRA RABERIO

JUDGEMENT

(1.) THE defendants in T.S. No. 1/88/3/85, on the file of the District Judge, Katihar are the petitioners. They filed this revision, feeling aggrieved by the order dated 1.4.2006, passed by the trial court. The facts in brief are as under: The 1st respondent herein, by name Barbra Reberio, daughter of George Rebeiro, filed Probate Case No.3/85 with a prayer to grant a letter of administration in respect of ancestral property, in her favour. The petitioners contested the claim. As required under Section -272 of the Indian Succession Act, read with Rule 458 of the Civil Court Rules of Patna High Court, the probate case was numbered as the Title Suit.

(2.) IN their written statement, the petitioners herein pleaded several facts, including the one that the Will dated 31.1.1964, relied upon by the respondents, is not the last one, and that no relief can be granted to the 1st respondent. After some progress in the suit, the 1st respondent is said to have filed a petition on 15.12.2001, with a prayer to permit her to withdraw the suit. At this stage, the 2nd respondent Rana Rajendra Singh, son of Jagat Narayan Singh, filed an application stating that he is the general power of attorney of the 1st respondent, i.e. the original plaintiff, and apart from that he has also an agreement in his favour in respect of the property. The petitioners objected to the step taken by the 2nd respondent and pleaded that once the original plaintiff wanted to withdraw, the 2nd respondent cannot come into picture at all.

(3.) THE matter underwent several adjournments.