IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9203 of 2011 Jai Singh Versus Rubi Devi & Ors ----------- 05. 21.07.2011. Heard the learned counsel for the parties. This writ application has been filed by the petitioner against the order dated 11.03.2011 passed by the learned Addl. District Judge, Fast Track Court 2, Ara in Title Suit No.11 of 2008 whereby the application filed by the petitioner for being added as party in the probate proceeding has been rejected. From perusal of the impugned order, it appears that the learned Court below rejected the said application only on the ground that the petitioner has not disclosed relationship with Gangotri Devi. The learned counsel for the petitioner submitted that Annexure ‘2’ as contained in this writ application was filed before the Court below to show that in fact the respondent, Ruby Devi, filed the said partition suit wherein she has made this petitioner a defendant and she admitted that this petitioner is the son of the brother of Gangotri Devi. The petitioner Ruby Devi is claiming to be the daughter-in-law of Gangotri Devi. Gangotri Devi has executed the Will in favour of Ruby Devi. In such view of the matter, it is admitted fact 2 that petitioner is the son of brother of Gangotri Devi. When this fact is admitted their remains no dispute that the petitioner is not related with Gangotri Devi. In view of the Section 278 of the Indian Succession Act, it was the duty of the petitioner of the probate application to disclose the name of the near relatives or relations of the person who executed the Will. Admittedly, in the present case, the petitioner of probate case filed the partition suit where Jai Singh is party. In such circumstances, it cannot be said that Jay Singh, the petitioner has not got no interest at all with Khublal Mahto whose daughter is Gangotri Devi. It is also well settled that a person who has got even a slightest interest in the property of the deceased has got a right to be heard in the probate case. In view of the above facts and circumstances of the case, the impugned order is set aside and application filed by the petitioner for being added as party in probate proceeding is allowed and the petitioner is added as party in the probate proceeding. Sanjeev/- (Mungeshwar Sahoo,J.)