BASUDEO LAHIRI Vs. RAMA LAHIRI

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 23.02.2019 (annexure- 8) passed in Probate Case No.03/2013 (Title Suit No.05/2014) by which the petition filed under Order 23 Rule 1 of the C.P.C. for withdrawal of the suit, has been rejected.

(2.) The brief facts of the case of the petitioner as per the pleading made in the writ petition is that he has filed a probate case being Probate Case No.03/2013 for grant of probate in his favour in respect of the registered Will dated 05.04.2000 executed by one Nil Krishna Lahiri.

(3.) Mr. Pradeep Kr. Deomani, learned counsel appearing for the petitioner has vehemently argued that if the petitioner does not intend to proceed with the proceeding of the probate case and to that effect a petition has been filed which confers power upon the trial Court to allow the withdrawal or abandon part of the claim, the petitioner cannot be compelled to contest the suit, therefore, while not allowing the withdrawal of the probate case, the trial Court has committed gross illegality.