SMT. RAMDULARI DEVI Vs. LAKSHMI NARAAN SAH

JUDGEMENT

(1.) The instant civil miscellaneous petition has been filed for setting aside the order dtd. 5/2/2024 passed in L.A. Case No. 01/2016, whereby and whereunder, the petition filed under Order 1 Rule 10 (2) of the CPC in L.A. Case No. 01/2016 has been rejected.

(2.) Letter of Administration Case No. 01/2016 was filed by opposite party nos. 1 and 2 for grant of letter of administration with respect to the unregistered deed of WILL executed on 10/5/1989 by Ishwar Sah. The testator died as per the statement made in para-15 of the application for letter of administration on 18/4/2006 and the application for letter of administration has been filed after ten years i.e., in 2016 by the both sons of late Ishwar Sah.

(3.) It is submitted by learned counsel on behalf of the petitioners that the application for letter of administration is riddled with contradictory averments. In para-5, it is stated that it was late Ishwar Sah who executed the WILL, but in para-8, it is stated that Motichand Sah died on 18/4/2006 and further stated in para-15 that the testator died on 18/4/2006. It is not clear if Ishwar Sah was the testator or Motichand Sah.