Most. Bachi Kuwar v. Raj Kishore Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.144 of 2020 ====================================================== 1.

Most. Bachi Kuwar W/o late Saryug Singh, Resident of Village and P.O.- Kankul, P.S. Bankata, District- Deoria, Daughter of late Ramchandra Rai, R/o Village- Rajaram Thapha, P.S. Zeradai, District- Siwan. 2.

Rudal Singh, Son of late Ram Narayan Singh, Resident of Village and P.O.- Chakwa Urf Bankula, P.S. Bankata, District Deoria, Uttar Pradesh, Nati late Ramchandra Rai, R/o Village and P.O.- Rajaram Thapha, P.S. Zeradei, District-Siwan.

3.

Nagender Singh Son of late Ram Narayan Singh, Resident of Village and P.O.- Chakwa Urf Bankula, P.S. Bankata, District Deoria, Uttar Pradesh, Nati late Ramchandra Rai, R/o Village and P.O.- Rajaram Thapha, P.S. Zeradei, District-Siwan.

... ... Petitioner/s

Versus

1.

Raj Kishore Singh son of late Ganga Sharan Singh, Resident of VillageThehan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 2.

Kaushal Kishore Singh Son of late Ganga Sharan Singh, Resident of Village- Thehan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 3.

Badami Devi, D/o of late Ganga Sharan Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 4.

Kanti Devi, D/o of late Ganga Sharan Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 5.

Shanti Devi, D/o of late Ganga Sharan Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 6.

Shila Devi, D/o late Ganga Sharan Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 7.

Uday Pratap Singh, Son of Ram Bali Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 8.

Rana Pratap Singh, Son of Ram Bali Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 9.

Jay Prakash Singh, Son of Jagarnath Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 10.

Sanjay Singh, son of Rajendra Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 11.

Anuna Singh, Son of Rajendra Singh, Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. 12.

Ranvijay Singh, Son of Suresh Singh Resident of Village- Thephan Rajaram, P.O. Thapha Bazar, P.S. Ziradei, District- Siwan. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Kashyap

Patna High Court C.Misc. No.144 of 2020(3) dt.29-09-2022 2/3 Mr.Ashok Kumar For Res. Nos. 1-2 :

Mr.Sanjeev Kumar Singh Mr. Ajay Kumar Singh For Res. Nos. 3-12 :

Mr. Umakant Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2022 The petitioner no. 1 is the sister of the testator and petitioner nos. 2 and 3 are the sons of another sister of the testator, namely, Kaushalya Devi, who has died. Learned Counsel for the petitioners submits that the petitioners are the near relatives of the testator as well as legatee. Accordingly, the submission is that they are necessary parties being the near relatives of the testator and legatee, but by a cryptic order, the learned Trial Court has refused to add the petitioners as parties in the probate case.

Learned Counsel for the respondent nos. 1 and 2legatee submits that they have not been added as parties only because the father of the testator had died prior to coming into forced of the Hindu Succession Act; whereas learned Counsel for the petitioners submits that he had died in the year 1972. Taking into consideration the fact that the petitioners are the near relatives of the testator as well as legatee and the fact that a cryptic order has been passed by the learned Trial Court, accordingly, the impugned order, dated 09.12.2019, passed by learned 4th Additional Sessions Judge, Siwan, in

Patna High Court C.Misc. No.144 of 2020(3) dt.29-09-2022 3/3 Probate Case No. 22 of 2017, is set aside and the petitioners are directed to be added as parties in the probate case. This application is allowed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √