ANIL BEHARI GHOSH versus SMT. LATIKA BALA DASSI AND OTHERS.

ANIL BEHARI GHOSH versus SMT. LATIKA BALA DASSI AND OTHERS.

In all the circumstances, omission of citation did not affect the regularity of the proceedings resulting in the grant; no just cause for revocation demonstrated under s.263. No material concealment or fraudulent conduct proved. Alleged intention to revoke will was not translated into action or proved. Default in filing accounts not properly pleaded nor shown to exist as wilful or without reasonable cause.

Parties
Appellant: Anil Behari Ghosh; Respondent No. 1: Smt. Latika Bala Dassi; Respondent No. 2: Debi Prosad Mitter
Jurisdiction
India
Judgment Date
15 April 1955
Procedural Posture
Civil Appeal / Appeal From Appellate Judgment of Calcutta High Court, Reversing Original Order
Outcome
Appeal dismissed
Legal Topics
Probate Proceedings, Revocation of Probate, Judicial Discretion, Omission to Issue Citation
Succession Law Probate Proceedings Revocation of Probate Judicial Discretion Omission to Issue Citation

Case Brief

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Parties

Anil Behari Ghosh

Appellant

Smt. Latika Bala Dassi

Respondent No. 1

Debi Prosad Mitter

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Appellate Judgment of Calcutta High Court, Reversing Original Order

Legal Issues

  1. 1 What constitutes 'defective in substance' under Explanation (a) to s.263 of Indian Succession Act, 1925?
  2. 2 Whether omission to issue citation is an absolute right for revocation of grant regardless of other facts?
  3. 3 Whether there was just cause for revoking probate under s.263 in the circumstances of the case?

Ratio Decidendi

In all the circumstances, omission of citation did not affect the regularity of the proceedings resulting in the grant; no just cause for revocation demonstrated under s.263. No material concealment or fraudulent conduct proved. Alleged intention to revoke will was not translated into action or proved. Default in filing accounts not properly pleaded nor shown to exist as wilful or without reasonable cause.

Court Disposition

Appeal dismissed

Orders

  • Decision of the court below upheld; appeal dismissed with costs to contesting respondent No. 1; no order as to costs for other respondent.