IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20953 of 2011 Devender Kumar Rai & Ors Versus Dinanath Singh Yadav @ Dina Na ---------------------------------- 2. 30.11.2011 Heard the learned counsel for the petitioners. By the impugned order the application filed by the petitioners praying for directing the plaintiff in probate proceeding to produce the original sale deeds has been rejected by the court below. It appears that the probate proceeding was filed by the respondent. The petitioners objected on the ground that the testator has no right to execute the will and the present petitioners have got interest in the property. From perusal of the impugned order it appears that the learned court below found that so far question of title is concerned that cannot be decided in the probate proceeding. The learned court below also observed that in probate proceeding only the genuineness of the will is to be gone into and the question to be decided is as to whether the will was duly executed and attested as required by law. The learned court below also found that the application has only been filed by the petitioners without disclosing that for what purpose the sale deeds are required to be produced in the court. It was also not disclosed how and in what manner the sale deeds would be useful and beneficial for the effective adjudication of the matter 2 involved in the probate proceeding. Considering these facts the learned court below has rejected the application. I therefore, find no jurisdictional error in the impugned order. Accordingly, this writ application is dismissed. S.S. (Mungeshwar Sahoo, J.)