Ravindra Singh v. Smt. Ranju Devi And ORS

Patna High Court C.Misc. No.560 of 2016 (2) dt.07-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.560 of 2016 ====================================================== Ravindra Singh .... .... Appellant/s

Versus

Smt. Ranju Devi & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shailesh Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner.

2.

The petitioner is not party to the letters administration case. Letters of Administration Case No. 07 of 2012/38 of 2015 was filed by one Ranju Devi against Lilllawati Devi and Manjoo Devi. By the order dated 14.03.2016, which is under challenge in this civil miscellaneous application, the said letters of administration case has been allowed. In other words, the letters of administration case has been disposed of. Therefore, the order dated 14.03.2016 is appelable under the Indian Succession Act and if the petitioner was not a party to the letters of administration case and according to him, grant was obtained fraudulently by making a false suggestion without citing the name of the petitioner, he has the right to approach the court for revocation of letters of administration under Section 263 of the Indian Succession Act. Since the petitioner has got remedy under the statute itself, there is

Patna High Court C.Misc. No.560 of 2016 (2) dt.07-09-2016 no question of invoking the jurisdiction under the Constitution arises. Thus, this civil miscellaneous application is dismissed. Brajesh/- (Mungeshwar Sahoo, J) U