SUSHILA DEVI Vs. ANIL KUMAR SINGH

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel appearing on behalf of the Opposite Parties.

(2.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 12/1/2024 passed by the learned Principal District Judge, Palamau, at Daltonganj in Original Suit No.11 of 2022 by which the petition filed by the plaintiffs for recalling the order dtd. 19/9/2023 has been allowed.

(3.) Mr. Amar Kumar Sinha, the learned counsel for the petitioner submits that the Opposite parties has instituted Original Suit No.11 of 2022 before the Principal District Judge, Palamau, at Daltonganj under Sec. 278 of Indian Succession Act, 1925 for grant of probate with respect to WILL dtd. 11/8/2004 alleged to be executed by Ramdhyan Singh in favour of the plaintiffs with respect to the suit property. He submits that the said probate case has been proceeded and one witness in chief was filed by the O.Ps/plaintiffs who has not turned up for cross examination and in view of that, the O.P./plaintiffs have filed a petition to expunge the witness namely Birendra Kumar Singh which was allowed by the order dtd. 8/6/2023. He submits that in the petition filed before the learned court the prayer is made to recall the order dtd. 19/9/2023 and there is no such order on that day. He submits that the WILL has already been proved including the signature and without any cogent reason the said petition has been allowed by the learned court.