MOST. ACHALA DEVI Vs. GITA SINHA

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 16.05.2007 and decree following thereupon passed and signed on 23.05.2007 by the 1st Additional District Judge, Palamau at Daltonganj in connection with Title Suit No.1 of 2001 arising out of Probate Case No.2 of 2000 whereby the learned Additional District Judge has dismissed the suit preferred by the plaintiff and refused to grant probate against the Will in question.

(2.) The plaintiff Achala Devi has filed an application for grant of probate against a Will dated 25.12.1970 executed by testator Tarni Charan Sinha in favour of the plaintiff. Initially the application for grant of probate was registered as Probate Case No.2 of 2000 but after filing of objection by way of written statement by the contesting defendants, Probate Case No.2 of 2000 was converted to Title Suit No.1 of 2001.

(3.) It is disclosed that late Tarni Charan Sinha, after death of his first wife, married Jagwanti Devi. From his first wife he was having one son Devendra Prasad Sinha whereas from the second wife Jagwanti Devi, he was blessed with three sons and four daughters. The descendants of late Tarni Charan Sinha have been made opposite parties in the probate application. At the time of filing of probate application Devendra Prasad Sinha, son born through first wife was not alive and therefore his heirs and successors have been made party. The genealogical table has been annexed with the original application filed for grant of probate.