AJAY CHOUBEY Vs. SUSHILA DEVI

JUDGEMENT

(1.) Heard Mr. Rohitashya Roy, learned counsel appearing for the petitioners and Mr. Shailesh Kumar Singh, learned counsel appearing for the O.P. No. 1.

(2.) Notice upon O.P. No. 2 has already been effected and the matter was earlier adjourned with a view to provide one more opportunity to the O.P. No. 2 on 25/3/2025, however, appearance on behalf of O.P. No. 2 has not been made and further it has been pointed out that the O.P. No. 2 is the proforma opposite party, as such, this petition is being heard in absence of O.P. No. 2.

(3.) This petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 28/6/2024, passed by the District Judge-VI, Dhanbad, in Original Suit (Probate) No. 02 of 2018, whereby learned court has been pleased to dismiss the petition dtd. 28/7/2022 filed by the petitioner under Sec. 45 of the Indian Evidence Act, 1872.