- (1.) The revisional application under Article 227 of the Constitution of India has been filed against the order dated 29.09.2010 passed by the Ld. Additional District Judge (Re-designated) Bankura in Probate Suit No.3/2010/4/2010, before whom the petitioner Dilip Kumar Khaitan, being alleged executor-cum-beneficiary of a registered Will dated 06.09.2000, allegedly executed by his father Nanda Kishore Khaitan, died leaving two sons and three daughters, prayed for necessary order of the Trial Court for enabling the petitioner to incorporate his name on the strength of said Will as the registered owner in the R.T. A. Office Bankura in respect of truck Nos. WGC-0492 and WGC-1822 left by their father.
(2.) It is contended in the application under Article 227 of the Constitution of India, that by the order dated 29.09.2010, Ld. Additional District Judge (Re-designated) Bankura rejected the said prayer of the petitioner and thereby the instant application has been filed before this Court seeking exercise of the power of superintendence of this Court under Article 227.
(3.) It is pertinent to mention that Ld. Advocate for the petitioner Mr. Chatterjee referred to the decisions reported in 1975 AIR(GUJARAT) 102 1978 AIR(CALCUTTA) 559 1980 AIR(CALCUTTA) 143 The Indian Law Reports Volume-XXI Page 539, 2001 AIR(CALCUTTA) 122 2009 (1) CHN 848 to conclude submission that the order under challenge is liable to be set aside and permission as sought for, should be granted in favour of the executor-cum-beneficiary of the registered Will pending Probate Suit.;