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Judgment
The instant revisional application is preferred by a person who sought to have himself added in a proceedings of Letters of Administration filed by his
wife, that is the present opposite party no.1. One Haradhan Halder (Since deceased) left a Will, bequeathing his property to the petitioner and his wife,
being the opposite party no.1. In such Will, the present petitioner was appointed as the sole executor.
Subsequently, there was an estrangement between the petitioner and the opposite party no.1 and the petitioner instituted a suit for divorce against the
opposite party no. 1. Under such circumstances, the petitioner did not apparently take any steps for obtaining probate of the said Will.
The opposite party no.1, thus, initiated a proceeding for obtaining Letters of Administration in respect of such Will. The petitioner then took out an
application for being added as a party to such proceeding for Letters of Administration, bearing O. S. No.25 of 2017.
By virtue of the impugned order dated February 12, 2018, such application for addition of party was rejected, along with another application for stay of
further proceedings of the said proceedings. The petitioner makes it clear at the inception that only that portion of the order, whereby the application
for addition of party was rejected, is being challenged in the present revisional application.
The petitioner cites Section 229 of the Indian Succession Act, 1925 and argues that unless the executor has been cited, no proceeding for Letters of
Administration consequent upon the alleged renouncement of executorship can be adjudicated by the Court.
There is substance in the said submission of the petitioner inasmuch as the effect of impleadment of the executor in a Letters of Administration
proceeding, filed on the premise of renouncement of executorship by such executor, would have the same effect as that of citation upon the executor.
Shorn of technicalities, such addition of party would ultimately stand on a similar footing as that of citation having been issued on the executor.
In such view of the matter, C.O. 788 of 2018 is required to be heard in presence of both the parties. Accordingly, the petitioner is directed to serve
copies of the said revisional application on the opposite parties, intimating the opposite parties that the matter will next appear in the Combined Monthly
List of Cases for the month of July, 2018.
There will be an interim order of stay of all further proceedings in O. S. No.25 of 2017 pending before the Additional District Judge, Third Court at
Alipore, District South 24 Parganas, till July 31, 2018 or until further orders, whichever is earlier. The petitioner will file an affidavit of service on the
next date of hearing.