RAMJEE PANDIT Vs. DHRAMDEO PANDIT

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned counsel for respondent no. 1. Inspite of valid service of notice, respondent no. 2 has not appeared, although his brother respondent no. 1 has appeared and is contesting the appeal.

(2.) THIS Miscellaneous Appeal is directed against order dated 26.9.2002 by which the learned Additional District Judge, 1st Court, Begusarai rejected the petition filed by the applicants (appellants) for substituting them in place of deceased plaintiff no. 1 Ramasis Pandit and consequently dismissed Title Suit No. 01 of 1987 as abated. Probate Case No. 58 of 1983 was filed by Ramasis Pandit and his brother Fudan Pandit under the provision of Sec. 276 of the Indian Succession Act. 1925 (hereinafter referred to as the "Act" for the sake of brevity) for probate of the Will executed on 1.4.1921 by one Most. Sukhia Devi in favour of her grand sons (Natis). namely Fudan Pandit and Ramasis Pandit. The plaintiffs ' claim was that the said Most. Sukhia Devi was the exclusive owner of the property in question and it was recorded in her name and when she became old, the said applicants, who were the sons of her only daughter, started looking after her and her properties on her behalf and Most. Sukhia Devi being pleased with their services executed the aforesaid Will in their favour on 1.4.1921 and subsequently died on 7.12.1930 and the said Will was her last Will.

(3.) ON 6.5.1985 the respondents filed an application under Order I, Rule 10 of the Code of Civil Procedure for being added as objectors in the Probate Case and, challenged the genuineness of the Will, genealogy and, also the manner of devolution of the estate, although the said objectors were complete strangers to the family. The said respondents were impleaded as parties by the learned court below in the Probate Case which was subsequently converted into a regular suit bearing Title Suit No. 01 of 1987 under the provision of Sec. 295 of the Indian Succession Act.