RAMA SHANKAR TIWARI S/O RADHA KRISHNA TIWARI R/O VILL TIWARI DIH, P.O. Vs. SNEH LATA PANDEY D/O BASHUDEO TIWARI R/O MOH IDHGAH, DEHRI ON SONE , P.O.

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned counsel for the respondents.

(2.) Instant appeal has been filed in accordance with Section 299 of the Indian Succession Act against an order dated 21.12.2011 passed by the Additional District Judge-Vth, Rohtas at Sasaram in Civil Misc. (Revocation) Case No.04 of 2011 whereby and where under the learned lower Court had revoked the order dated 07.09.2010 passed in Civil Misc. (Probate) Case No.33 of 2010 whereby and where under letter of administration was granted in favour of appellant/ opposite party/ applicant.

(3.) In order to properly appreciate the lis, there was one Basudeo Tiwary, who had executed unregistered Will on 15.09.1983 in favour of appellant/ opposite party/ applicant Rama Shankar Tiwary, cousin brother ' son (nephew). The aforesaid testator Basudeo Tiwary died on 16.04.1985. On account of some sort of privilege having in favour of testator 's wife, who survived upto 2001, appellant/ opposite party/ applicant filed petition for grant of letter of administration after her death whereupon Civil Misc. (Probate) Case No.33 of 2010 was drawn up and as there was no contest, hence vide order dated 07.09.2010, petition was allowed and in pursuance thereof, vide order dated 20.09.2010, letter of administration relating to Will dated 15.09.1983 executed by testator, Basudeo Tiwary (since deceased) was issued in favour of appellant/ opposite party/ applicant Rama Shankar Tiwari. Subsequently thereof, the three daughters of Late Basudeo Tiwary, testator of the Will dated 15.09.1983 filed petition under the guise of Section 263 of the Indian Succession Act for revocation of order dated 07.09.2010 passed in Civil Misc. (Probate) Case No.33 of 2010 whereupon notice was issued and after appearance of the appellant, objection was filed and then, admitting evidence on behalf of respective parties by the order impugned revoked order dated 07.09.2010, hence this appeal.