SUMESHWAR CHAUDHUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present appeal arises out of a judgment and order dated 25.2.2010 passed in Probate Case No. 5 of 2001 / 7 of 2009 by 3rd Additional District Judge, Gopalganj. By virtue of this order, learned Additional District Judge refused to grant probate with respect to the Will dated 15.9.1999 and dismissed the probate case.

(2.) Appellants in the present appeal had filed a petition for grant of probate with respect to a will dated 15.9.1999 purportedly executed in their favour by their uncle Madhuban Chaudhur. Initially a petition was filed making the State of Bihar as the sole opposite party, but later on, Vidanti Devi, daughter of Madhuban Chaudhur as well as his wife Most. Phulsundara Devi was added as opposite party Nos. 2 and 3. Phulsundara Devi died during the pendency of the probate case and therefore, her name was expunged and the matter proceeded.

(3.) Appellants' claim is that one Brit Chaudhur had four sons. They were Mishri Chaudhur, Maharshi Chaudhur, Mahesh Chaudhur and Gani Chaudhur. To Mishri Chaudhur four sons were born, namely, Madhuban Chaudhur, Baliram Chaudhur (died issueless), Raj Kumar Chaudhur and Ramayan Chaudhur (died issueless).