S. B. SINHA, J. - (1.) LEAVE granted.
(2.) A short but interesting question which arises for consideration in this appeal is as to whether an application under Section 263 of the Indian Succession Act for revocation of grant of probate would be maintainable, inter alia, on the premise that the appellant's name was not cited in the said application for grant of probate.
(3.) THE basic fact of the matter is not.in dispute. A Will was executed by one Lakhpati Devi widow of late Mahadeo Jaiswal in favour of the respondent herein who was one of the grandsons of late Shagwatidina, one of the brothers of late Mahadeo Prasad. Appellant herein claimed that the said Lakhpati Devi had executed another will on or about 12.3.1996. The said Lakhpati Devi admittedly expired on 13.03.1996. Whereas the appellant did not file any application for grant of probate in relation to the aforementioned Will dated 12.03.1996, the respondent did so on 6.9.1996. In the said application, it was contended that the properties under the Will are situated in Bombay stating : "That the said deceased at the time of her death had a fixed place of abode at Room No.10 -11, Bharat Building, Sonapur Lane, Chira Bazar, Mumbai ? 400' 002 and left property within Greater Bombay in the State of Maharashtra." It was furthermore stated : "That no application has been made to any District Court or District Delegate or to any other High Court for probate of any Will of the said deceased or for Letter of Administration with or without the Will annexed to her property and credits." ;