RASHEED KHAN Vs. PEER MOHAMMAD

JUDGEMENT

(1.) THIS is a hopeless appeal and it merits a short order.

(2.) APPELLANTS are impugning an order passed under Section 263 of the 'act'. They had obtained probate, which has been revoked by the impugned order. For simple and short reasons to follow, the appeal is held to be misconceived and meritless.

(3.) THE undisputed fact in this case is that no special citation has been issued though general citation was published in a newspaper. I have no doubt that the Probate Court could exercise its jurisdiction to probate the Will only when the person "interested", namely, the respondent/peer Mohammad, had been noticed. It cannot he disputed that ex facie, he had "interest in the estate of the deceased" as in the Will of which probate was obtained, his name had been referred and it was stated that a Will had been earlier executed in his name. He had a right to oppose the probate and to prove that the Will propounded was not validly executed or it was a" forged Will. Of that opportunity, he was deprived and the proceedings in the matter of grant of the probate to the instant appellants, were palpably and grossly defective; and not only defective in substance. I have no doubt that the trial Court lacked inherent jurisdiction to pass any order in the probate proceedings initiated by the appellants without hearing respondent/peer Mohammad.