Dr. Mukula Mohile & Ors. vs State & Ors.
2017 Latest Caselaw 2540 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                         FAO No. 226/2017

%                                                        19th May, 2017

DR. MUKULA MOHILE & ORS.                                 ..... Appellants
                 Through:                Ms. Shyel Trehan and Mr.
                                         Rishabh Sharma, Advocates.

                          versus

STATE & ORS.                                          ..... Respondents

Through: Mr. Rajat Malhotra, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. Appl. No. 18928/2017 (for exemption)

Exemption allowed, subject to all just exceptions.

C.M. stands disposed of.

FAO No. 226/2017

1. Learned counsel for the appellants argues that the subject

case was an uncontested case seeking letters of administration of the

property of the deceased Dr. Jayanta Das. Appellant no. 1/petitioner

no.1 was the wife of the deceased and appellant nos. 2 and 3/petitioner

nos. 2 and 3 were the son and daughter of the deceased. The only other

natural legal heir of the deceased was the mother, who was respondent

no. 2 in the court below and who died during the pendency of the

petition. Respondent no. 2/mother Smt. Hina Das was substituted by

her legal heirs who had given no objections in favour of the petitioners

for grant of letters of administration to the estate of the deceased Sh.

Jayanta Das.

2. It is argued that the matter was fixed for evidence only on

two occasions, firstly on 12.7.2016 and secondly on 13.10.2016, and

on the second date in fact the presiding officer was on leave and the

matter was adjourned to 25.1.2017 when the court below closed the

evidence of the appellants/petitioners and dismissed the probate

petition.

3. In my opinion, the court below has been unnecessarily

harsh in closing the evidence of the appellants/petitioners, more so,

when the petition was an uncontested petition for grant of letters of

administration. In fact, counsel for the appellants has filed in this

Court a copy of the affidavit by way of evidence which was attested

from the Notary Public on 13.10.2016 but was not filed before the

court below on account of lack of diligence on the part of the

appellants' lawyer in the court below.

4. In view of the above discussion, the impugned judgment

of the court below dated 25.1.2017 is set aside. Appellants will now be

entitled to be allowed to lead evidence in support of their claim for

grant of letters of administration.

5. Parties to appear before the District and Sessions Judge

(North-West District), Rohini Courts, Delhi on 6th June, 2017 and the

District and Sessions Judge will mark the case seeking letters of

administration for disposal to a competent Court in accordance with

law.

6. The appeal is accordingly allowed and disposed of.

MAY 19, 2017/AK                             VALMIKI J. MEHTA, J