NALINI NAVIN BHAGWATI Vs. CHANDRAVADAN M MEHTA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgment of the Gujarat High Court dated August 14, 1995 made in Civil Revision Application Nos. 1142 and 1148 of 1995 (reported in AIR 1996 Guj 123) and the order dated July 18, 1995 made in Civil Application Nos. 2825 and 21829 of 1995 in CRA Nos. 1142 and 1148 of 1995.

(3.) The admitted facts are that one Manvantrai Mehta owned plot No. 13 in Krishna Co-operative Housing Society at Ahmedabad and also on open plot No. 14 in the said society. He died on 16-1-1995 leaving behind his widow Kamlaben and five children, namely, Narendra, Chandravadan (respondents herein) and Nalini, Chandrakalaben and Vasantben (petitioners herein). In other words, he left behind him three daughters and two sons. Plot No. 13 was in the name of Narendra Mehta who dies on August 8, 1971. But his wife was not known, Kamlaben also die on September 16, 1984. The respondents filed C.M. Application No. 123 of 1985 in the Civil Court at Ahmedabad and obtained probate to the will left by Kamlaben, their mother. The probate was granted on January 16, 1987. The appellants on coming to know of the said probate filed an application to revoke the probate. The Civil Judge, City Civil Court, Ahmedabad was prayed to convert the application into a regular suit. It was rejected by the trial Court. On revision, the High Court by order dated July 18, 1995 held that there was proper explanation for the delay in filing the application for revocation of the probate but directed to treat the application as a suit filed under S. 295 of the Indian Succession Act, 1925 (for short, the Act). Feeling aggrived by the latter direction, these appeals have come to be filed.