This order permits an application by a third party seeking impleadment in a testamentary succession petition to be withdrawn, granting liberty to file a fresh caveat in the matter.
Application allowed to be withdrawn with liberty to file a fresh caveat.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A.No.3042 of 2023 in O.P.No.526 of 2022
A.No.3042 of 2023 in O.P.No.526 of 2022
R.N.MANJULA, J.
This application has been filed by a third party seeking to implead himself as a party to the proceedings.
seeking probate in respect of the Will dated 17.01.2022 executed by the testator. While the respondent claim himself as step children of the deceased testator, the third party petitioner claims himself as II Class legal heir of the deceased. The genealogy tree has also been filed by the learned counsel for the applicant to show how the applicant is related to the deceased.
claiming that the applicant cannot file a party impleading application in the above Original Petition filed under Testamentary jurisdiction. However he submitted that once the petitioner / third party comes to know about the proceedings, he has to invoke Order XXV Rule 51 and 52 C.P.C. to file caveat and raise objections. Only if such a procedure is invoked, the Original Petition can be converted into a Testamentary Original Suit.
20.07.2023
bkn
1/2
A.No.3042 of 2023 in O.P.No.526 of 2022
R.N.MANJULA, J.
bkn
A.No.3042 of 2023 in O.P.No.526 of 2022
20.07.2023
2/2
1 issue framed by the court
Whether a third party seeking to implead in a testamentary petition can withdraw the application with liberty to file a fresh caveat.
2 provisions across 1 enactments
Third Party
Respondent / Petitioner
R.N. Manjula
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
