Decided on March 23,2001

J. D.Jain Appellant
Late Swami Omkaranand Saraswati Respondents


M.C.JAIN,J. - (1.)SRI Anurag Basaria for the petitioner and Sri. L. P Naithani for the caveators appear. On the last date, the petitioner, who has applied for the grant of probate in his favour on the basis of a will dated 26.12.1999 allegedly executed by the deceased Swami Omkarananda Saraswati, who died in Austria on 4.1.2000 was required to choose as to whether he wants to prosecute the present proceedings or suit no. 2 of 2000. Which he has filed in the Court of District Judge, Dehradun. The learned counsel' for the petitioner states that the suit as well as there proceedings can be main­tained together as per section 215 of the U. P Re-organisation Act, 1925. He prays for and is allowed two weeks and no more time to file his stand in this behalf in writing with copy served on the other side. The caveators-op­posite parties may file their reply there to in another two weeks.
(2.)ANOTHER application has been made by the petitioner that the pre­liminary issue be framed as regards the maintainability of the case. The case has been instituted by the peti­tioner. The Caveators have a right to file objection. There is no question of trying any issue as preliminary issue. This application is rejected.
This is an application made by the caveators for modification of the order dated 24.5.2000 and for direc­tion permitting any of them to oper­ate the bank accounts of the de­ceased, The application is supported by an affidavit of one Pratap Singh. It is opposed by the petitioner.

(3.)THE brief facts necessary to be stated are that one Swami Onkarananda Saraswati died in Aus­tria on 4.1.2000. He was a citizen of India. Basing his claim on a will al­legedly executed by him on 26.12.1999, the petitioner has insti­tuted these proceedings for the grant of probate in his favour in respect of the estate of the deceased saying that he has been appointed as executor in the will. On the other hand, the caveators dispute the execution of tile said will by the deceased. Instead, according, to them, the deceased ex­ecuted a will on 20.12.1999 in favour of Swami Onkaranand Saraswati Cheritable Trust. The contention of the caveators is that as many as 69 institutions are being run and man­aged, for the expenditure of which the funds were being provided from the personal bank accounts of the de­ceased. Therefore, the funds are needed to run the Trust and institu­tions. It is also their case that in the life time of the deceased, his bank accounts were being operated by one of the caveators namely Swami Visveshrananda Saraswati as his At­torney.

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