Case Note & Summary
The petitioner, Smt. Rathi Devi D.S., was the plaintiff in probate proceedings originally numbered P&SC.No.107/2012, later re-numbered as O.S.No.10001/2014, pending before the V Additional District and Sessions Judge at Tiptur. The petitioner filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.02.2015 passed by the learned V Additional District and Sessions Judge, Tiptur, whereby the probate proceedings were transferred to 'jurisdictional Court'. The respondents, Sri D.S. Deviprasad and Sri D.S. Rajashekaraiah, who are the brothers of the petitioner, entered appearance through counsel. The core issue was whether the transfer order was valid. The petitioner argued that the order was perverse and capricious as it did not specify the court to which the proceedings were transferred and lacked any reasoning. The respondents supported the order. The High Court analyzed the impugned order and found that it merely stated that the proceedings were transferred to 'jurisdictional Court' without any discussion or identification of the transferee court. The Court held that such an order suffers from non-application of mind and is unsustainable in law. Consequently, the High Court allowed the writ petition, quashed the impugned order, and directed the trial court to proceed with the probate proceedings in accordance with law. The Court also directed the parties to appear before the trial court on 23.09.2019.
Headnote
A) Civil Procedure - Transfer of Proceedings - Jurisdictional Court - Code of Civil Procedure, 1908 - The trial court transferred probate proceedings to 'jurisdictional Court' without identifying the specific court or providing reasons. The High Court held that such an order is perverse and capricious, lacking application of mind, and liable to be set aside under Article 227 of the Constitution of India. (Paras 1-2) B) Probate - Transfer of Suit - Lack of Reasoning - Indian Succession Act, 1925 - The impugned order merely stated transfer to 'jurisdictional Court' without any discussion or reasoning. The High Court found that the order did not disclose the court to which the proceedings were transferred, rendering it unsustainable. (Paras 1-2)
Issue of Consideration
Whether the order transferring probate proceedings to 'jurisdictional Court' without specifying the court and without proper reasoning is sustainable under Article 227 of the Constitution of India.
Final Decision
The writ petition is allowed. The impugned order dated 21.02.2015 passed by the V Additional District and Sessions Judge, Tiptur, in O.S.No.10001/2014 is quashed. The trial court is directed to proceed with the probate proceedings in accordance with law. The parties are directed to appear before the trial court on 23.09.2019.
Law Points
- Transfer of probate proceedings
- Jurisdictional Court
- Lack of reasoning
- Article 227 of Constitution of India
- Code of Civil Procedure
- 1908
