TARA DEVI Vs. SANJEEV SINGH

JUDGEMENT

(1.) The petitioners being aggrieved of the framing of the issues by the Court of Principal District Judge, Samba (hereinafter to be referred as "the probate court") vide order dtd. 19/11/2016 in an application filed by the petitioners under Sec. 50 of the Probate and Administration Act, SVT, 1977 (for short "the Act"), has assailed the same on the ground inter alia that there was no requirement of framing of the issues in the miscellaneous proceedings, particularly when the facts before the learned probate court were not in dispute and once the learned probate court had heard the arguments finally in the application filed by the petitioners, the same was required to be decided on the basis of material available before the Court, but instead of doing so, the learned probate court has shrugged off its responsibility to decide the matter.

(2.) Mr. Virender Bhat, learned counsel for the petitioners submitted that the petitioners were necessary parties but were not arrayed as parties by the respondent in the petition filed under Sec. 62 of the Act and also the respondent had concealed the material facts from the probate court, so once the facts were not in dispute, the learned probate court should have decided the application field by the petitioners for revocation of the probate on the basis of the record available before the Court and there was no requirement at all for framing of the issues.

(3.) Per contra, Mr. R. S. Thakur, learned senior counsel for the respondent has raised a preliminary objection with regard to the maintainability of the petition, as the learned probate court has not decided any issue, of which the petitioners can claim themselves to be aggrieved. He further argued that the petitioners had no locus to file an application for revocation of probate, therefore, the learned probate court had rightly framed the issues in an application seeking revocation of probate.