RAM GOPAL Vs. NARAINI BAI

JUDGEMENT

(1.) This appeal is directed against the order dated 3-8-1995 passed by District Judge, Saran in Civil Misc. Case No. 5/1993 whereby the probate granted in favour of the appellant Ram Gopal in Misc. Petition No. 14/1992 on 30-10-1992 has been revoked.

(2.) Brief facts of the case are that Smt. Naraini Bai respondent-applicant submitted an application before the District Judge, Baran for revocation of the probate granted in favour of the appellant Ram Gopal on 30-10-1992 with the averments that she being the daughter of late Sh. Dhuli Lal became co-owner of the disputed house situated at Talapada, Baran along with her brother Bhanwar Lal on the death of their father in the year 1965 and thereafter she became the sole owner after the death of her brother Bhanwar Lal and his wife Onkari Bai respectively in the year 1988 and 1990, but suppressing all these material facts and deliberately without impleading her as a party in the probate petition, Ram Gopal fraudulently obtained the probate on the basis of forged Will said to be executed by Smt. Onkari Bai.

(3.) Ram Gopal controverted the allegations levelled in the application filed for revocation of the probate.