IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9321 of 2011 Vishwa Kishor Mahto @ Vishwa Nath Prasad & Ors Versus Awadh Kishore Prasad & Ors ----------- 05. 07.07.2011. Heard the learned counsel for the petitioner. This writ application is directed against the order dated 03.03.2009 passed by Fast Tract Court, 2nd West Champaran at Bettiah in Probate Case No.3 of 2006 whereby the learned Court below rejected the application under Order 1 Rule 10 sub-Rule 2 of the Code of Civil Procedure filed by the petitioner for being added as party in the probate case. The learned counsel for the petitioner submitted that in the ‘Will’, the property of this petitioner has also been mentioned and, therefore, he is necessary party in this case. From perusal of the impugned order, it appears that the learned Court below found that this is a probate case and the question that has to be decided is whether the ‘Will’ is genuine or not? So far the point raised by the petitioner is concerned, it relates to title and the complicated question of title cannot be decided within the summary procedure under the Indian Succession Act. I find no reason to interfere with the reasoning of the learned Court below. The petitioner, if so advised, may pursue his remedy before appropriate forum by filing appropriate application. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)