The Patna High Court dismissed a civil miscellaneous application seeking to add the petitioner as a party in an underlying probate suit, holding that as the father is a party to the probate case, the son has no interest.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1503 of 2016
======================================================
| Sunil Kumar Versus Kumar Gaurav & Ors ==================================== |
.... .... Appellant/s .... .... Respondent/s ================== |
|---|---|
| Appearance : | |
| For the Appellant/s : Mr. Ashok Kumar | |
| For the Respondent/s : Mr. ==================================== CORAM: HONOURABLE MR. JUSTICE MU SAHOO |
================== NGESHWAR |
| ORAL ORDER |
Heard the learned senior counsel, Mr. Hemendra Prasad Singh for the petitioner and the learned counsel, Mr. M.P. Bharti for the respondent.
3 13-01-2017
Perused the impugned order dated 27.04.2016 passed by Addl. District Judge VII, Patna in Title Suit No.8 of 2008 arising out of Probate Case No.128 of 2007 whereby the learned Court below rejected the application filed by the petitioner under Order 1 Rule 10 CPC for being added as party in the probate case.
It appears that the petitioner’s father is a party in the probate case and, therefore, according to law in presence of the father, the son has no interest in the property which is the subject matter of Will. The learned Court below has, therefore, rightly held that the petitioner is not an heir as such has no cavatable interest in the property covered in the Will. .
Thus, I find no reason to interfere with the impugned order
Patna High Court C.Misc. No.1503 of 2016 (3) dt.13-01-2017
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in exercise of supervisory jurisdiction. Accordingly, this Civil Misc. application is dismissed.
(Mungeshwar Sahoo, J)
Sanjeev/-
U T
1 issue framed by the court
Whether the petitioner has a cavatable interest in the property covered in the Will being the son of a party in the probate case.
2 provisions across 2 enactments
Sunil Kumar
Kumar Gaurav
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
