GAUTAM BANERJEE Vs. MADHU KAPOOR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21. 03. 1987 passed by District Judge, Udaipur by which the learned District Judge dismissed the petitioner's application filed under Section 376 of the Indian Succession Act.

(2.) BRIEFLY stated, the facts of the case are that the petitioner applicant Shri Gautam Banerjee filed an application for the grant of succession certificate with respect to the properties of his brother deceased Somnath. The learned District Judge by the order dated 17. 03. 1979 allowed the application and granted succession certificate. Petitioner, again on 22. 02. 1980 moved an application under Section 376 of the Indian Succession Act for the extension of the succession certificate with respect to the various amounts mentioned in the application. The learned District Judge passed order on this application on 7. 1. 81 for the extension of the certificate but before the certificate could be issued, a letter was received by the District Judge from Offg. D. D. and Secretary to Adjutant General, Army Group Insurance Directorate New Delhi by which the Court was informed that a will was executed by the deceased Somnath in favour of Smt. Madhu Kapoor now Madhu Khanna, sister- in law of the deceased and she has already applied for the grant of probate. After the receipt of this letter the Court vide order dated 4. 05. 1981 issued notice to the petitioner to show cause why this fact was concealed from the Court, The petitioner filed reply to the notice stating therein that the petitioner was not in the know of the execution of the Will by Shri Somnath Banerjee in favour of Smt. Madhu Kapoor and has not concealed anything from the Court. It was further mentioned in the application that if any will is in existence, then it is a fabricated document, actually no will was executed by his brother Somnath in his life time in favour of Smt. Madhu Kapoor. A notice was also given to Smt. Madhu Kapoor who filed an application on 3. 07. 1982. She also filed preliminary objections on 17. 09. 1982. The question of jurisdiction to entertain the application was also raised by her. Alongwith the preliminary objections, Smt. Madhu Kapoor also filed a copy of the probate granted by Additional District Judge, Amritsar in her favour. She also filed a copy of restraint order dated 10. 10. 1980 passed by Additional District Judge, Amritsar against the applicant Gautam Banerjee in the probate proceedings. She also mentioned in the reply that the notice of the proceedings of the probate was given to the applicant Gautam Banerjee and to the other relatives of the deceased but none appeared before the learned District Judge, Amritsar inspite of service and the learned Additional District Judge, Amritsar ultimately by order dated 12 the March, 1982 granted probate in her favour. The learned District Judge, Udaipur took up the question of jurisdiction first and after giving an opportunity of hearing to the parties, vide order dated 21. 03. 1987 held that the Court of District Judge, Udaipur has no jurisdiction to entertain the application as deceased Somnath at the time of his death was not residing within the jurisdiction of the District Judge, Udaipur nor any property of late Somnath was situated at Udaipur. It is against this order, the present revision petition has been filed by the petitioner.