Dismissed¶¶23

Sheo Kumari Devi v. The Estate of Late Raktu Singh @ Raktu Prasad Singh

Patna HC24 Apr 2025C.Misc./249/2024

Case brief

AI extract

What is this about?

Will dated 05.08.1984, Chiraura/Naubatpur, Patna: challenge to trial court's rejection of applications for comparison of testator's signature in Title Suit No. 26 of 2017 (ADJ, 1st, Danapur); premature civil miscellaneous petition dismissed as the 17.06.2023 application was struck off for non-compliance with trial court's order dated 15.09.2023, not on merits; liberty reserved to file fresh application before trial court. C.Misc. No.249 of 2024, Patna High Court, Justice Arun Kumar Jha, 24-04-2025.

What did the court decide?

Dismissal of the civil miscellaneous petition, coupled with a clear direction that a fresh application before the learned trial court seeking comparison of the testator's signature shall be considered and disposed of strictly in accordance with law. ¶¶23

Sheo Kumari Devi Vs The Estate of Late Raktu Singh @ Raktu Prasad Singh — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's miscellaneous petition assailing the trial court's rejection of her signature-comparison applications was maintainable, when the application dated 17.06.2023 had been dismissed for non-prosecution rather than on merits.

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Court's answer

The application dated 17.06.2023 was dismissed because the petitioner failed to move it pursuant to the trial court's order dated 15.09.2023; the dismissal was not on merits.

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Ratio / Principle

As no order had been passed on merits, the petitioner was bound to seek disposal of the matter before the trial court by filing afresh; instead she rushed to this Court in haste, rendering the petition entirely misconceived and devoid of merit, and it was dismissed.

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Key takeaways

Clarificatory direction forming part of the operative order: if the petitioner approaches the learned trial court with a fresh application seeking comparison of the signature of the testator, the trial court shall consider it and dispose of it strictly in accordance with law.ratio¶¶24

Detailed headnote1 paragraphs

Civil Miscellaneous petition (Patna High Court, C.Misc. No.249 of 2024, Arun Kumar Jha, J., decided 24-04-2025) by Sheo Kumari Devi against the Estate of Late Raktu Singh @ Raktu Prasad Singh and four family members, assailing the order dated 14.12.2023 of the Additional District Judge, 1st, Danapur in Title Suit No. 26 of 2017 rejecting her applications dated 02.07.2019 and 17.06.2023 for comparison of the signature of the testator of a Will dated 05.08.1984. The Court held that the application dated 17.06.2023 had been dismissed only because the petitioner failed to move it pursuant to the trial court's order dated 15.09.2023, and not on merits; approaching the High Court at that stage was hasty and the petition was entirely misconceived and dismissed. The Court clarified that a fresh application before the trial court seeking comparison of the testator's signature shall be considered and disposed of strictly in accordance with law. No statute or precedent was cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.249 of 2024

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======================================================

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Sheo Kumari Devi Wife of Late Radha Raman Prasad Singh Resident of Village- Chiraura, P.O.- Chiraura, P.S.- Naubatpur, Dist- Patna.

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... ... Petitioner/s

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Versus

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The Estate of Late Raktu Singh @ Raktu Prasad Singh Son of Late Harihar Singh Resident of Village- Chiraura, P.O.- Chiraura, P.S.- Naubatpur, District- Patna.

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Smt. Neela Devi W/o Late Girja Prasad Singh Resident of Village- Chiraura, Police Station- Naubatpur, District- Patna.

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Smt Meena Kumari Daughter of Late Girja Prasad Singh Resident of Village- Chiraura, Police Station- Naubatpur, District- Patna.

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Smt. Meera Kumari Daughter of Late Girja Prasad Singh Resident of Village- Chiraura, Police Station- Naubatpur, District- Patna.

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Kumuk Kumari Daughter of Late Girja Prasad Singh Resident of VillageChiraura, Police Station- Naubatpur, District- Patna.

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... ... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ramesh Kumar Choudhary, Advocate For the Respondent/s : Mr.Rajesh Ranjan, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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3 24-04-2025

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Learned counsel for the petitioner is permitted to

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make necessary correction in paragraph 1 of the petition.

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Heard learned counsel for the parties.

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The petitioner is aggrieved by the order dated

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14.12.2023 passed by learned Additional District Judge, 1^st , Danapur in Title Suit No. 26 of 2017, whereby the whereunder the applications dated 02.07.2019 and 17.06.2023 filed for

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Patna High Court C.Misc. No.249 of 2024(3) dt.24-04-2025 2/3

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comparing the signature of the testator of Will dated 05.08.1984 with some document have been rejected.

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Perusal of impugned order shows the applications dated 17.06.2023 was dismissed for not moving it by the petitioner though the petitioner was directed earlier to move application and it was also made clear by the learned trial court that if the application was not moved, the same will be dismissed. Apparently, the application dated 17.06.2023 has been dismissed as the petitioner failed to move it in terms of order dated 15.09.2023 of the learned trial court. It is also clear that the application dated 17.06.2023 has not been dismissed on merit. It seems the petitioner has approached this Court in haste. When no orders have been passed on merits, it was incumbent upon the petitioner to approach the learned trial court seeking disposal of the petition on merit by filing a fresh petition as the earlier petition was rejected but the petitioner did not do so and approached this Court and the petition before this Court appears to be entirely misconceived. Therefore, I do not find any merit in the present petition and the same is dismissed.

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However, it is made clear that if the petitioner approaches the learned trial court with fresh application seeking comparison of signature of the testator, the same shall be

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Patna High Court C.Misc. No.249 of 2024(3) dt.24-04-2025 3/3

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considered by the learned trial court and dispose it of strictly in accordance with law.

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(Arun Kumar Jha, J)

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DKS/-

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Sheo Kumari Devi v. The Estate of Late Raktu Singh @ Raktu Prasad Singh

Case brief

What is this about?

What did the court decide?

Sheo Kumari Devi v. The Estate of Late Raktu Singh @ Raktu Prasad Singh

Case brief

What is this about?

What did the court decide?

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What the court decided

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Procedural history

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