Sri Siddhartha Nandi v. Smt. Rekha Chakraborty

11.06.2024 (M/L-44) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 473 of 2024 Sri Siddhartha Nandi -Vs- Smt. Rekha Chakraborty Mr. Subhadip Biswas, Ms. Dona Saha, ... For the Petitioner.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

None appears on behalf of the opposite party. The instant application under Article 227 of the Constitution of India is directed against the order dated December 09, 2021 passed by the learned District Delegate at Durgapur, District- Paschim Bardhaman in M. J. Case No. 17 of 2021.

The opposite party no.1, being the named executor of the alleged last Will and testament of one Satyendra Prosad Nandi had applied before the learned District Delegate, Durgapur for grant of probate of the said Will.

The learned District Delegate by the order dated May 05, 2018 has granted the said probate.

The petitioner is the son of the testator. He has applied under Section 263 of the Indian Succession Act, 1925 for revocation of the said grant alleging that no citation was issued to him, the said application was registered before the said District Delegate as M. J. Case No. 17 of 2021.

The District Delegate is not competent to decide an application under Section 263 of the said Act of 1925, Section 264 thereof vests exclusive jurisdiction to the learned District Judge to decide an application for revocation.

The learned District Delegate, therefore is directed to allow the petitioner to withdraw his application under Section 263 of the said Act of 1925 for filing of the same before the learned District Judge, DistrictPaschim Bardhaman. C.O 473 of 2024 is disposed of with the above terms without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)