Suraj Kumar Sinha vs Mithilesh Mahto & Others
2021 Latest Caselaw 3995 Jhar

                    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 M.A. No. 23 of 2018
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     Suraj Kumar Sinha                             ...            Appellant
                                          -versus-
     Mithilesh Mahto & Others                     ...             Respondents
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN

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For the Appellants : Mr. Yogendra Prasad, Advocate For the Respondents : Mr. Sandeep Verma, Advocate

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10/ 25.10.2021 Appellant, by referring to paragraph 17 of the impugned judgment, submits that the Trial Court doubted the WILL on the ground that the case was filed after five years from the death of Bhagwati Devi, the testator. Counsel for the appellant submits that the aforesaid finding is absolutely an error apparent on the face of the record, as Bhagwati Devi died in the year 2004 and the petition under Section 276 of the Indian Succession Act was filed on 22.06.2006, which is evident from the ordersheet of Probate Case No.8 of 2006.

Considering the aforesaid submission, I have gone through the records. I find that there are sufficient grounds to admit this appeal.

This appeal is admitted.

Respondents No.1 to 4, 6 and 7 have already appeared, so, no fresh notice need be issued to them.

Issue fresh notice to respondent No.5 by ordinary process for which requisites etc. must be filed within three weeks.

(Ananda Sen, J.) Kumar/Cp-02