SUNITA DEVI AND ORS. Vs. RAVINDRA PD. SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondent on this miscellaneous appeal.

(2.) This miscellaneous appeal has been preferred against the order dtd. 6/6/2009 passed by the Sub-Judge-I, Begusarai in Misc. Case No. 14 of 2004, whereby the learned lower court dismissed the petition for revocation of probate filed by the petitioners.

(3.) Factual matrix of the case is that one Bhim Rai is said to have executed a Will dtd. 18/9/1977 in favour of his nephew, Ravindra Prasad Singh. Later on the said Bhim Rai passed away on 20/4/1984. After his demise, said Ravindra Prasad Singh filed a probate petition vide Probate Case No. 69 of 1996 on 24/9/1996, which was allowed and probate was granted in his favour. Petitioners, had filed a petition for revocation of the aforesaid grant of probate vide Misc. Case No. 14 of 2004. The respondent, who happens to be executant of the aforesaid Will and in whose favour the probate was granted, was debarred from filing the written statement for non-compliance of order of depositing the cost saddled upon him while recalling the ex parte order passed against him.