K V KOHLI DEACEASED Vs. STATE

JUDGEMENT

(1.) This is an application on behalf of respondent No.2 under Section 114 read with Section 151 Civil Procedure Code for review of the order dated 4/12/2000 whereby the petition was restored purportely with the consent of the counsel for the respondent No.2. Main contention of Mr.Rajiv Nayar, learned counsel for the respondent is that the, power of attorney executed by "Mr .Vinod Nair in favour of Mini Kohli is itself invalid and not in accordance with law and therefore the application moved by Mr.vinod Nair for restoration of the petition is by an unauthorised person and liable to be dismissed. Relevant facts need to be capitulated in brief.

(2.) The instant probate petition was filed on 2/12/1987. The petitioner applied for probate on 2 2/07/1991. The petition was dismissed in default on 13/05/1992. The application under Order 9 Rule 9 was moved on 17/08/1993 after a lapse of 15 months by one Shri Vinod Nair claiming to be the attorney of Mini Kohli. On 13/11/1998. Counsel for K.V.Kohli, Mr.H.L.Tiku applied for discharge as a counsel from the present proceedings. Application was allowed.

(3.) Another counsel Mr. Kirti Uppal who was engaged by the legal heirs also sought discharge from the proceedings on 14/12/1998. However, vakalatnama was filed only on behalf of Mini Kohli and not on behalf of other legal heirs. Today there is no vakalatnama on record of Mini Kohli in favour of Mr.Uppal.