Ramesh Singh And ORS v. Most Ramsudha Devi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6568 of 2014 ====================================================== Ramesh Singh & Ors ..... Petitioner/s

Versus

Most Ramsudha Devi ..... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners.

By the impugned order dated 04.06.2013, the Court below has rejected the application to mark exhibit the certified copy of the probate petition.

As submitted by learned counsel for the petitioners, the judgment has already been filed before the Court below in this present partition suit. Now, therefore, it is not necessary to receive the probate petition as evidence, as in the present case, the dispute between the parties is regarding date of death of Damari Mahto. The present petitioner has filed the probate application, therefore, the statement regarding date the death of the Damari Mahto will be the self statement of the present petitioners. Therefore, the Court below has rightly rejected the said application. Thus, I find no reason to interfere with the impugned order. Accordingly, this writ application is dismissed. (Mungeshwar Sahoo, J) ravi/- U T