IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1549 of 2006 SMT.SUMITRA DEVI & ANR Versus SMT.KRISHNA DEVI & ORS ----------- 3 12.12.2008 Heard counsel for the petitioners. In the opinion of this Court, merely because the petitioners are persons in whose favour a Will has been executed, which is a subject matter of a separate partition suit, would not make them either necessary or proper party in terms of Order I Rule 10(2) of the Code of Civil Procedure. The reliance placed by the counsel for the petitioners on a judgment of this Court in the case of Makhan Prasad Singh vs. Basudeo Singh & Ors. reported in 2004(1) PLJR 469, is wholly misplaced inasmuch as it has not been therein laid down as proposition of law that a person armed with a will which is in relation to suit property of a partition suit, can seek impleadment in such partition suit as a matter of right. That apart, the petitioner does not deny that he has already filed his own probate case and further that the parties to the partition suit are also contesting the probate case. In that view of the matter, there would not be any necessity for the petitioners to be impleaded as a party to the partition suit. That being so, this Civil Revision application is wholly misconceived and is hereby dismissed. Bibhash (Mihir Kumar Jha, J.) - 2 -