AI Structured Summary
Not yet generated for this judgment
Judgment
C.M. Appl. No. 18928/2017 (for exemption)
Exemption allowed, subject to all just exceptions.
C.M. stands disposed of.
FAO No. 226/2017
Learned counsel for the appellants argues that the subject
case was an uncontested case seeking letters of administration of the
property of the deceased Dr. Jayanta Das. Appellant no. 1/petitioner
no.1 was the wife of the deceased and appellant nos. 2 and 3/petitioner
nos. 2 and 3 were the son and daughter of the deceased. The only other
natural legal heir of the deceased was the mother, who was respondent
no. 2 in the court below and who died during the pendency of the
petition. Respondent no. 2/mother Smt. Hina Das was substituted by
her legal heirs who had given no objections in favour of the petitioners
for grant of letters of administration to the estate of the deceased Sh.
Jayanta Das.
It is argued that the matter was fixed for evidence only on
two occasions, firstly on 12.7.2016 and secondly on 13.10.2016, and
on the second date in fact the presiding officer was on leave and the
matter was adjourned to 25.1.2017 when the court below closed the
evidence of the appellants/petitioners and dismissed the probate
petition.
In my opinion, the court below has been unnecessarily
harsh in closing the evidence of the appellants/petitioners, more so,
when the petition was an uncontested petition for grant of letters of
administration. In fact, counsel for the appellants has filed in this
Court a copy of the affidavit by way of evidence which was attested
from the Notary Public on 13.10.2016 but was not filed before the
court below on account of lack of diligence on the part of the
appellants'' lawyer in the court below.
In view of the above discussion, the impugned judgment
of the court below dated 25.1.2017 is set aside. Appellants will now be
entitled to be allowed to lead evidence in support of their claim for
grant of letters of administration.
Parties to appear before the District and Sessions Judge
(North-West District), Rohini Courts, Delhi on 6th June, 2017 and the
District and Sessions Judge will mark the case seeking letters of
administration for disposal to a competent Court in accordance with
law.
The appeal is accordingly allowed and disposed of.