Case Note & Summary
The petitioners, who are the legal heirs of the deceased B.M.Chandregowda, filed a petition under Section 276 of the Indian Succession Act, 1925, before the Principal Sessions Judge, Kolar, seeking grant of a probate certificate in respect of a Will dated 27.07.2018 executed by the deceased. The petition also sought directions to the fifth respondent (Karnataka Bank Ltd.) to transfer the accounts mentioned in the Will into the name of the first petitioner, and to the sixth respondent (Chief Engineer, Public Works Department) to transfer the individual license of the deceased. The District Judge, by order dated 22.02.2019, dismissed the petition for non-compliance with the court's directions to produce the original Will and other documents. Aggrieved, the petitioners filed a writ petition under Article 227 of the Constitution of India before the High Court of Karnataka. The High Court, after hearing the counsel for the petitioners and the respondents, found that the petitioners had not complied with the directions of the District Judge and had not shown any justification for such non-compliance. The court held that the District Judge had not committed any error in dismissing the petition and that the writ petition was devoid of merits. Consequently, the High Court dismissed the writ petition, upholding the order of the District Judge.
Headnote
A) Succession Law - Probate - Section 276 Indian Succession Act, 1925 - Dismissal for Non-Compliance - Petitioners filed a probate petition under Section 276 of the Indian Succession Act, 1925, seeking grant of probate on a Will dated 27.07.2018 executed by deceased B.M.Chandregowda. The District Judge directed the petitioners to produce the original Will and other documents, but the petitioners failed to comply. The court dismissed the petition for non-compliance. The High Court upheld the dismissal, holding that the petitioners had not shown any justification for non-compliance and that the District Judge had not committed any error in dismissing the petition. (Paras 1-5)
Issue of Consideration
Whether the District Judge was justified in dismissing the probate petition for non-compliance with the court's directions to produce the original Will and other documents.
Final Decision
The High Court dismissed the writ petition, upholding the order of the District Judge dated 22.02.2019 dismissing P and SC No.37/2018 for non-compliance.
Law Points
- Probate
- Indian Succession Act
- Section 276
- Non-compliance with court directions
- Dismissal of petition
Case Details
2019 LawText (KAR) (03) 10
Writ Petition No.11369/2019 (GM-CPC)
Ms. Sini Rajashekar for Sri D. R. Ravishankar (for petitioners); Sri D.R. Anandeewar, HCGP for R1 to R4 & R6; Sri A. Ganesh for R5
Sri. B M Venkataramanagowda and others
The Executive Engineer, Public Works Port and Inland Water Transport Department, Kolar and others
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the order of the District Judge dismissing a probate petition for non-compliance with court directions.
Remedy Sought
Petitioners sought to set aside the order dated 22.02.2019 passed in P and SC No.37/2018 by the District and Sessions Judge, Kolar, and to restore the probate petition.
Filing Reason
The District Judge dismissed the probate petition for non-compliance with directions to produce the original Will and other documents.
Previous Decisions
The District and Sessions Judge, Kolar, by order dated 22.02.2019, dismissed P and SC No.37/2018 for non-compliance.
Issues
Whether the District Judge was justified in dismissing the probate petition for non-compliance with court directions?
Submissions/Arguments
Petitioners argued that the District Judge erred in dismissing the petition without giving them an opportunity to comply.
Respondents supported the order of the District Judge, stating that the petitioners had failed to comply despite being given time.
Ratio Decidendi
A probate petition under Section 276 of the Indian Succession Act, 1925, can be dismissed for non-compliance with court directions to produce the original Will and other documents, and such dismissal is not an error if the petitioner fails to show justification for non-compliance.
Judgment Excerpts
The petitioners filed P and SC No.37/2018 on the file of the Prl. Sessions Judge, Kolar, under Section 276 of the Indian Succession Act for grant of probate certificate on the Will dated 27.07.2018 executed by deceased B.M.Chandregowda.
The District Judge directed the petitioners to produce the original Will and other documents, but the petitioners failed to comply.
The writ petition is devoid of merits and is liable to be dismissed.
Procedural History
The petitioners filed P and SC No.37/2018 before the Principal Sessions Judge, Kolar, under Section 276 of the Indian Succession Act, 1925. The District Judge directed the petitioners to produce the original Will and other documents. The petitioners failed to comply, and the District Judge dismissed the petition on 22.02.2019. The petitioners then filed the present writ petition under Article 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Indian Succession Act, 1925: Section 276
- Constitution of India: Article 227
