Case Note & Summary
The case involves a civil revision petition filed by the petitioners (respondents in the lower court) against an order dated 10.03.2015 passed by the Principal Senior Civil Judge, Belagavi, dismissing I.A.No.4 in M.A.No.91/2013. The petitioners had originally filed P & SC No.25/2008 under Section 276 of the Indian Succession Act, 1925, seeking probate of the Will of one Dattatraya Kolkar. The probate was granted ex parte on 20.12.2012. The respondent, Ramachandra S/o Shrimant Kolkar, who was not a party to the probate proceedings, filed an application under Order 9 Rule 13 CPC read with Section 151 CPC to set aside the ex parte grant of probate. The trial court allowed that application, leading to the present revision. The High Court examined the provisions of the Indian Succession Act, particularly Sections 283 and 295, and held that a person who has not filed a caveat or entered a caveat has no locus standi to object to the grant of probate. The court noted that the respondent was not cited under Section 283 and did not file a caveat, and therefore could not challenge the probate. The court also held that Order 9 Rule 13 CPC does not apply to probate proceedings as they are not decrees but judgments in rem. Consequently, the revision petition was allowed, the order of the trial court was set aside, and I.A.No.4 was dismissed.
Headnote
A) Civil Procedure - Locus Standi - Objection to Probate - A person who has not filed a caveat or entered a caveat in probate proceedings under the Indian Succession Act, 1925 has no locus standi to file an application under Order 9 Rule 13 CPC to set aside the grant of probate. The court held that only persons who have entered a caveat or are entitled to citation under Section 283 can object. (Paras 6-10) B) Indian Succession Act, 1925 - Section 283 - Citation - Requirement of Citation - Section 283 of the Indian Succession Act, 1925 mandates that citation be issued to all persons claiming to have any interest in the estate of the deceased. The court held that the respondent, who was not cited and did not file a caveat, had no right to object to the grant of probate. (Paras 6-8) C) Indian Succession Act, 1925 - Section 295 - Contentious Proceedings - Conversion to Suit - Section 295 of the Indian Succession Act, 1925 provides that when a caveat is entered, the proceeding becomes contentious and is converted into a suit. The court held that in the absence of a caveat, the proceeding remains non-contentious and the grant of probate is valid. (Paras 7-9) D) Civil Procedure Code, 1908 - Order 9 Rule 13 - Application to Set Aside Ex Parte Decree - Applicability to Probate - Order 9 Rule 13 CPC applies only to decrees and not to orders granting probate, which are judgments in rem. The court held that the respondent could not invoke Order 9 Rule 13 to challenge the grant of probate. (Paras 9-10)
Issue of Consideration
Whether a person who has not filed a caveat or entered a caveat in probate proceedings has the locus standi to file an application under Order 9 Rule 13 CPC to set aside the grant of probate.
Final Decision
The revision petition is allowed. The order dated 10.03.2015 passed by the Principal Senior Civil Judge, Belagavi on I.A.No.4 in M.A.No.91/2013 is set aside. I.A.No.4 is dismissed.
Law Points
- Locus standi to object to probate
- Caveat under Indian Succession Act
- 1925
- Section 283 citation requirement
- Section 295 procedure for contentious probate
- Order 9 Rule 13 CPC applicability to probate proceedings
