RADHARAMAN CHOWDHURI Vs. GOPAL CHANDRA CHAKRAVARTY

JUDGEMENT

(1.) This appeal arises out of an application for Probate of a Will. The respondent Gopal Chandra propounded a Will said to have been executed by one Krishna Chandra. The appellants Radha Raman and others, who are the grandfather s daughter s son s sons of the deceased, opposed the application. The learned District Judge held that the appellants had no locus standi to oppose the grant, and that Probate would be granted to the respondent on proof of the Will in common form. Radha Raman and others have appealed to this Court and an application also has. been made under Section 115, Code of Civil Procedure, against the order of the Court below.

(2.) It has been held in several oases that no appeal lies against such an order. The order, however, can be revised upon the application under Section 115, Code of Civil Procedure.

(3.) The opposite party being the brother of the sister s husband of the deceased is a perfect stranger to the family, but the Court below held that the petitioners were not heirs and, therefore, had no locus standi to oppose the grant of Probate. The question for consideration, therefore, is whether the petitioners have any locus standi to oppose the application.