The Court dismissed a probate petition filed by the petitioner for the estate of Ms. Minakshi Y. Sule. The petition was dismissed because the petitioner failed to lead legal evidence for twenty-two months, resulting in their right to adduce evidence being closed, and no subsequent appeal against this closure was permitted.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
GOVIND RAM ..... Petitioner Through Mr. Navdeed Jain with Mr. Abhimanyu Rana, Advocates
versus
STATE OF NCT DELHI AND ORS ..... Respondents Through None
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R % 16.01.2019
Present petition has been filed for grant of probate of Will dated 18th June, 2008 by the petitioner, a care taker of the deceased Ms. Minakshi Y. Sule, who expired on 17th October, 2012.
For a period of twenty two months, no evidence was led by the petitioner. Consequently, the right of the petitioner to lead evidence was closed by the learned Joint Registrar vide order dated 12th October, 2018. Even an appeal against the said order was dismissed by this Court vide order dated 11th January, 2019.
As no legal evidence is on record, present probate petition is dismissed.
MANMOHAN, J
JANUARY 16, 2019 rn
1 issue framed by the court
Whether the present probate petition should be allowed after the petitioner's right to lead evidence was closed due to inaction.
GOVIND RAM
STATE OF NCT DELHI
MANMOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
