SRIMATI INDUBALA DASEE Vs. SRIMATI PANCHUMANI DASEE

JUDGEMENT

(1.) This is an appeal against an order refusing to allow the appellant to oppose the grant of probate of a Will, on the ground that she has no interest sufficient to enable her to appear in proceedings on an application for probate. The order is, therefore, one refusing to make the appellant a party to the proceedings, it was held in the case of Khettra Moni Dasi v. Shyama Churn Kundu 21 C. 539 that no appeal lies against such an order, and that case has recently been followed in Sri Proshad Narayan Singh V. Dulhin Genda Koer 22 Ind. Cas. 276 : 18 C.L.J. 612.

(2.) We accordingly hold that no appeal lies against the order, and the appeal is accordingly dismissed. We make no order as to costs. Rule No. 346 Of 1914.

(3.) We can, however, deal with the order under Section 115 of the Civil Procedure Code in the Rule which was granted in the case.