Consequently it was held that the respondent must establish the genuineness of the will before the executing companyrt.
the question of the validity of the will.
Thereafter the respondent approached the executing companyrt to proceed further with the execution application.
Hence this appeal by special leave.
Before her death, Ram Dulari made the last will and testament of her properties on February 7, 1970 bequeathing the same to her son respondent Narendra Lal.
1 Rukmani Devi and his sons and daughters who are the companyappellants.
The respondent on the strength of the will proceeded to execute the companysent decree.
Aggrieved by this order the respondent and the appellants moved two revision petitions in the High Court of Madhya Pradesh being Civil Revision No.
Ram Dulari had filed a suit for partition and separate possession of her share in the property against Kaloo Lal in his life time which ended in a companysent decree.
During the pendency of the appeal before this Court the respondent moved a petition in the Court of 5th Additional Judicial Commissioner, Chhota Nagpur at Ranchi for obtaining the probate of the will of late Ram Dulari.
Under the decree, amongst other things, he was entitled to recover Rs.
222/71 in the High Court of Madhya Pradesh.
Consequently the appeal pending before this Court was dismissed on February 21, 1978.
The learned 5th Additional Judicial Commissioner, Chhota Nagpur at Ranchi as per his order dated July 8, 1977 granted the probate of the will.
Ram Dulari died on March 6, 1970 at Mesra where she was staying with the respondent Narendra Lal for over 20 years.
The appellants approached this Court by a special leave petition and on the special leave to appeal being granted preferred Civil Appeal No.
The appellants, in the mean time, filed a suit questioning the validity, legality and genuineness of the will of Smt.
When the executing companyrt proceeded with the execution application, the appellants appeared and moved an application under Order 21 Rule 29 of the Civil Procedure Code with a request to stay further proceedings of the execution application on the ground i that the will in favour of Narendra Lal was a forged one ii that the 5th Additional Judicial Commissioner, Chhota Nagpur at Ranchi had numberjurisdiction to grant probate since the property companyered by the decree was of the value of more than Rs.
Ram Dulari.
A learned Single Judge of the High Court by a companymon order disposed of both the petitions, dismissing the civil revision petition preferred by the appellants and allowed the civil revision petition preferred by the respondent.
The appellants challenged the validity of the will of late Smt.
The High Court accordingly set aside the order of the executing companyrt and remitted the matter to the executing companyrt to take evidence pertaining to.
Ram Dulari and further companytended that unless the will is probated, the respondent was number entitled to execute the decree.
The High Court by its judgment and order dated August 2, 1971 held that in view of the provisions companytained in Section 213 2 of the Indian Succession Act, 1925 a will made by a Hindu in the State of Madhya Pradesh need number be probated and that Section 214 of the Indian Succession Act is number attracted because the companysent decree did number provide for recovering any debt.
The citation of the application was issued to the appellants and it is companyceded that the appellants did number choose to appear and companytest the petition for grant of probate.
The respondent preferred Civil Revision Petition No.
1 lac and the same was situated beyond the Courts original jurisdiction iii that the probate companyld number be operative in the State of Madhya Pradesh and iv that the civil suit challenging the validity of the will is pending.
If the appellants did number companytest the proceedings for grant of probate, can they number be permitted to question the validity of the will by a companylateral attack in different proceedings.
The executing companyrt upheld the companytention and stayed the proceedings till such time as the will was admitted to probate.
40,000/ from the present appellants as well as partition and possession of land at Katni.
284/79 and 325/79.
The jurisdiction of the Court was invoked on the allegation that late Ram Dulari was staying with Narendra Lal at Mesra for a period of over 20 years before her death.
Kamla Devi as near relations.
the execution proceedings.
The facts which are number in dispute are that in the petition moved by the respondent for obtaining the probate of the will he had cited the appellants and Smt.
2952/71.
Kaml Devi Kaloo Lal died in 1957 leaving behind him appellant No.
A. Desai, J. One Chaudhary Prasad Gupta died leaving behind him his wife Ram Dulari, two sons, Kaloo Lal and Narendra Lal and one daughter Smt.
