TILESHARA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the entire proceeding of Probate Case No.22 of 1990 which was filed by respondent Nos.3 to 6 in the Court of Subordinate Judge-I, Sasaram against the Estate of deceased Bhagwat Singh impleading Mostt. Muneshara Kuar and the petitioner as opposite party Nos. 2 and 3, including orders dated 15.11.2008 till 2.6.2010 and also challenging the entire proceeding of Miscellaneous Case No.75 of 2001/T.R. No.04 of 2008 which was registered in Fast Track Court No.IV, Sasaram and various orders passed therein. It is further prayed that the District Judge, Sasaram be directed to decide Probate Case No.22 of 1990 on merit in accordance with law as probate matter cannot be subject of Arbitration.

(2.) Learned counsel for the petitioner raised only one point as to whether the Arbitrator was competent to decide a probate proceeding. In this connection, he relied upon a decision of the Apex Court in case of Chiranjilal Shrilal Goenka v. Jasjit Singh and others, 1993 2 SCC 507 in which it was held that the Arbitrator cannot proceed with the probate suit to decide the dispute in issue and the only course open is to proceed with the probate case and decide the same as expeditiously as possible. Learned counsel for the petitioner submitted that even if there is a contest, award has to go and the probate case has to be decided afresh.

(3.) On the other hand, learned counsel for respondent Nos.3 to 6 opposed the contentions of learned counsel for the petitioner and stated that the entire matter had been decided on the basis of agreement between the parties, hence there was no occasion for the petitioner to raise such dispute against her own contentions in the court below.