Dhruba Ghosh vs The Hon'Ble Justice Om Narayan Rai
2025 Latest Caselaw 1978 Cal/2

Calcutta High Court

Dhruba Ghosh vs The Hon'Ble Justice Om Narayan Rai on 25 June, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OD- 5
                      IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                                 ORIGINAL SIDE

                               APOT/139/2025
                                    WITH
                                PLA/115/2023
                              IA NO: GA/1/2025

                             IN THE GOODS OF:
                      PRABIR CHANDRA SEN, DECEASED
                                   -AND-
                            IN THE MATTER OF:
                        DHRUBA GHOSH...APPELLANT

  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                     AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : June 25, 2025.

                                                                       Appearance:
                                                         Mr. Jayanta Kr. Mitra, Sr. Adv.
                                                             Mr. Soumyajit Ghosh, Adv.
                                                                  Mr. Dipto Ghosh, Adv.
                                                                    ...for the petitioner.


                           Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against a judgment and order dated

January 16, 2025. The appellant is the executor of what is said to be the last

Will and Testament of Late Prabir Chandra Sen who passed away on May 2,

2020. The appellant had applied for probate of the said Will before the learned

Single Judge by filing PLA No. 115 of 2023. All the beneficiaries under the Will

who are the only legal heirs of the deceased signified their consent on the

petition. However, noticing that the deceased owned a flat in New Delhi, the

learned Single Judge, referring to Section 283 (3) of the Indian Succession Act,

1925, directed the appellant to comply with the provisions thereof. Section 283

(3) reads as follows:

"(3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation."

Mr. Jayanta Kumar Mitra, learned senior counsel appearing for the

appellant says that the aforesaid section would have no manner of application

in the instant case. Under Chapter XXXV Rule 9 of the Original Side Rules of

this Court, no citation needs to be issued in this case since all the legatees

have consented to the grant of probate in respect of the concerned Will.

We need to hear out the appeal.

As suggested by Mr. Mitra, let this matter be listed again on July 17,

2025 under the heading "Specially Fixed Matters" marked 3:15 p.m. Let a

compilation of relevant judgments be filed on that date.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

KB AR (CR)