- (1.) Re : CAN 11186 of 2015. This First Appeal is directed against an order passed by the learned Trial Court revoking the grant of probate. The appeal was filed beyond the prescribed period of limitation. There was 341 days delay in filing this appeal. Reason for the delay has been explained by the appellant in this application very casually.
(2.) We are not very much satisfied with the explanation given by the appellant in this application. However, the probate granted to the will, left by Manindra Lal Das, father of the parties, since deceased, was revoked on two fold grounds : Firstly, for non-citation upon all the persons having caviatable interest and also for forging the signature of the sister on the 'No Objection Petition' and on the vakalatnama filed on her behalf.
(3.) Be that as it may, since grant of probate was revoked for these reasons as aforesaid, the normal consequence of such revocation will result in converting the probate proceeding into a contentious cause. As such, we are of the view that no useful purpose will be served by rejecting the appellant's application for condonation of delay.;