Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Caveat ~- Original Side Rules of Calcutta High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Caveat ~- Original Side Rules of Calcutta High Court — Chapter XXXV- rr. 9,24,28,30 — Testamentary and intestate jurisdiction — Caveat against grant of probate — Caveatable interest — Application for discharge of caveatable interest — Maintainability of — Proceedings initiated by appellant for grant of probate on the basis of Will and testament of appellant's brother — Appellant pleaded for rejection of the caveats of respondents — High Court turned down appellant's plea - On appeal, Held: A judgment in the probate proceedings is a judgment in rem and, therefore, a person establishing prima facie interest in the estate of the testator should be permitted to maintain a caveat and contest for probate — It is not necessary to establish caveatable interest by conclusive proof — rr. 28 and 30 make it clear that before the proceedings are nwnbered as a suit by orders of a Judge for being tried as a suit as per provisions of the C.P.C, the Court may take up a preliminary issue, whether the caveator has a caveatable interest, if an application praying rejection for caveats is filed before the Court — Court to discharge the caveat where, upon trial of such issue, it appears that caveator has no caveatable interest - On facts, claim of grant of probate prejudiced the rights of the respondents, hence they had a caveatable interest ~ Consequently, caveats filed by them could not be discharged. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 986 |
Petitioner | Saroj Agarwalla (dead) Thr. Lr Abhishek Agra Walla |
Respondent | Yasheel Jain |
SCR | [2016] 5 S.C.R. 876 |
Judgement Date | 2016-10-24 |
Case Number | 473 |
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