These appeals by special leave arise from the judgment of the Gujarat High Court dated August 14,1995 made in Civil Revision Application Nos.1142 and 1148 of 1995 and the order dated July 18, 1995 made in Civil Application Nos.
The admitted facts are that one Manvantrai Mehta owned Plot No.13 in Krishna Cooperative Housing Society at Ahmedabad and also an open plot No.14 in the said society.
It was rejected by the trial Court.
Feeling aggrieved by the latter direction, these appeals have companye to be filed.
He died on 16.1.1995 leaving behind his widow Kamlaben and five children, namely, Narendra, Chandravadan respondents herein and Nalini, Chandrakalaben and Vasantben petitioners herein .
Plot No.13 was in the name of Narendera Mehta who died on August 8, 1971.
On revision, the High Court by order dated July 18, 1995 held that there was proper explanation for the delay in filing the application for revocation of the probate but directed to treat the application as a suit filed under Section 295 of the Indian Succession Act, 1925 for short the Act .
The probate was granted on January 16, 1987.
The appellants on companying to know of the said probate filed an application to revoke the probate.
Kamlaben also died on September 16, 1984.
2825 2829 of 1995 in CRA Nos.1142 1148 of 1995.
The Civil Judge, City Civil Court, Ahmedabad was prayed to companyvert the application into a regular suit.
But his wife was number known.
In other words, he left behind him three daughters and two sons.
Leave granted.
The respondents filed C.M. Application No.123 of 1985 in the Civil Court at Ahmedabad and obtained probate to the will left by Kamlaben, their mother.
