IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.166 of 2010 SANJAY KUMAR CHOUDHARY Versus RAM KRISHNA PRASAD SINGH & ORS ----------- 06. 05.07.2010. Heard the learned counsel for the appellant under Order 41 Rule 11 C.P.C.. The petitioner-appellant has filed this Misc. Appeal against the Order dated 24.02.2007 passed by Sri R. P. Singh, the learned Addl. District Judge, Fast Track Court, 4th Darbhanga in Probate Case No.23 of 1995 allowing the respondents to contest the probate petition filed by the petitioner-appellant. From perusal of the order, it appears that the case of the respondent is that the will sought to be probated is forged and fabricated. The respondents are the rightful owners who inherited the property. It is well settled principal of law that the person who has an interest in the property should be given an opportunity to protect his interest and, therefore, in my opinion, if at all the respondents have got interest in the property comprised in the will, they have every right to protect their interest. According to the claim of the respondents, they have inherited and also gift deed is in their favour. Therefore, all these claims made by them can be gone into at the time of trial but they cannot be debarred from contesting the case. By allowing them to 2 contest the probate, the Court below has not decided any right of any party. In view of the above facts, I find no illegality in the impugned order passed by the learned Court below. In the result, this Misc. Appeal is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)