SHEOPARSAN SINGH Vs. RAMNANDAN PRASHAD NARAYAN SINGH

JUDGEMENT

(1.) THIS is an appeal against a decree of the High Court at Calcutta, dated the 19th April 1910 See 6 Ind. Cas. 301 : 11 C.L.J. 623.--Ed., reversing the decree of the Subordinate Judge of the First Court, Mozufferpur, dated the 21st December 1907.

(2.) THE expressed purpose of the litigation is to obtain a declaration that the plaintiffs are the next reversioners to the estate of Babu Bachu Singh according to Hindu Law, and, as such, entitled to apply for a revocation of Probate.

(3.) THE two widows, though heiresses of the deceased Bachu Singh, did not oppose the application. Caveats, however, were lodged by three groups of persons, and the plaintiffs in this suit were the members of one of these groups. There thus arose a contention as to the grant of Probate, and the proceedings thenceforth took, as nearly as might be, the form of a suit according to the provisions of the Code of Civil Procedure, in which the petitioner, Ram Nandan Singh, was the plaintiff, and the plaintiffs in this suit, with others, were the defendants. In due course issues were framed, and they raised the two material and essential questions, first, whether the present plaintiffs, as persons by whom the caveat had been entered, had, as it was termed, any locus standi to oppose the application for Probate, and secondly, whether the Will propounded was the genuine and duly executed Will of Bachu Singh.