Probate No. 4 of 2008 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- Probate No. 4 of 2008 (O&M) Date of decision: August 03, 2009 Munishwar Puri ........ Petitioner Versus General Public and others .......Respondents Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. S K Chopra, Advocate for the petitioner Ms Madhu Dayal, Advocate for respondent No. 2 to 4 Mr. R S Minhas, Advocate for respondent No. 6 -.- Nirmaljit Kaur, J. C M No. 16725 CII of 2009 Reply filed on behalf of respondents No. 2 to 4 is taken on record. C.M. stands allowed. Main case This petition under Section 276 of the Indian Succession Act, 1925, has been filed by petitioner-Munishwar Puri, for grant of probate of Will dated 24.05.1982, executed by late Shri Shambu Lal Puri son of late Shri R.B.Brij Lal Puri, resident of House No. 49, Sector 4, Chandigarh. Notices were issued to respondents No. 2 to 16 and publication of the same was also made in the 'The Tribune' (English) and 'Dainik Tribune' (Hindi) dated November 25, 2008, respectively. Despite service, no one had put in Probate No. 4 of 2008 (O&M) 2 appearance on behalf of respondents No. 2, 5 to 7 and 10 to 13. As a result thereof, they were ordered to be proceeded against ex-parte. On 17.12.2008, Mr. TPS Chawla, Advocate had put in appearance on behalf of respondent No. 3, 8, 9, 14 and 15. Mr. Chawala, stated that he did not wish to file any written statement. Subsequently, an application was also moved under Order 9 Rule 12 C.P.C. Read with Section 151 of the Code of Civil Procedure on behalf of respondents No. 2 to 4, for setting aside the order dated 17.12.2008, vide which, they were proceeded against ex-parte. The aforesaid application was allowed and respondents No. 2 to 4 were permitted to join the proceedings vide order dated 20.05.2009. Ms Madhu Dayal, learned counsel for respondents No. 2 to 4, after taking time on two occasions, finally made a statement that respondents No. 2 to 4 did not wish to file any reply and in fact stated that she had instructions to state that respondents No. 2 to 4 had no objection to the grant of the probate of the Will dated 24.05.1985 in favour of petitioner-Munishwar Puri. The present petition for grant of probate is, therefore, not contested. Out of the pleadings, the following issues were framed:- “1. Whether the Will dated 24.05.1982 is the last valid Will of Shri Shambu Lal Puri? 2. Relief.” In the form of evidence, petitioner-Munishwar Puri, filed his affidavit dated 18.05.2009 and the same is marked 'PA', stating that Shri Shambu Lal Puri died on 10.12.1982. A copy of the death certificate of Shri Shambu Lal Puri has been placed on record as Annexure P-1. It is further stated in the aforesaid affidavit that during his life time, Shri Shambu Lal Puri made a Will dated 24.05.1982, copy thereof was filed along with the affidavit as Annexure P-2. It is Probate No. 4 of 2008 (O&M) 3 stated that the aforesaid Will was attested by Shri Amrit Lal Bahri son of Late Shri Som Dutt Bahri and Late Shri B.N. Aggarwal son of late Shri D N Aggarwal. Under the Will dated 24.05.1982, the deceased had appointed the petitioner as an Executor of the Will. As per the Will, residential house No. 49, Sector 4, Chandigarh has been bequeathed by the deceased to his four sons, namely, Shri Tapishwar Puri (now deceased), Col Tilak Raj Puri (respondent No. 4), Munishwar Puri (petitioner), Rameshwar Puri (now deceased). It is further stated in the affidavit that he recognises the signatures of his father on the Will dated 24.05.1982. The evidence by way of affidavit of Shri Amrit Lal Bahri son of late Shri Som Dutt Bahri, resident of House No. 124, Sector 16, Chandigarh, who is one of the attesting witnesses of the Will, has been placed on record and the same is marked as 'PB'. Shri Amrit Lal Bahari, in his affidavit, has stated that he was the attesting witness of the Will dated 24.05.1982, executed by Late Shri Shambu Lal Puri and at the time of execution of the Will Shri Shambu Lal Puri was in full senses and in sound disposing mind and the Will was executed by him without any undue influence and coercion. The publication of the notices published in the 'The Tribune' (English) and 'Dainik Tribune' (Hindi) dated 25.11.2008 have been placed on record, and are marked as 'PC' and 'PD', respectively. No one has put in appearance on behalf of the General Public, in spite of the publication. None of the other remaining respondents have put in appearance. The original Will dated 24.05.1982 was placed on record by respondent No. 2 vide Civil Miscellaneous No. 17696 CII of 2009, as the same Probate No. 4 of 2008 (O&M) 4 was in her custody. The Original Will is, accordingly, taken on record as Annexure P-2/A. In view of the aforesaid evidence of the petitioner i.e. affidavit 'PA', affidavit of Shri Amrit Lal Bahari, who is one of the attesting witnesses of the Will 'PB' and publication notices 'PC' and 'PD' and also in view of the statement made by Mr. T.P.S. Chawla, Advocate, representing respondents No. 8, 9, 14 and 15 and Ms Madhu Dayal, Advocate, representing respondents No. 2 to 4 that they did not wish to file any written statement and have no objection to the grant of probate of the Will dated 24.05.1982 in favour of Petitioner-Munishwar Puri, it is proved on the record that the Will dated 24.05.1982 is the last valid Will of Shri Shambu Lal Puri. Thus, issue No.1 is decided in favour of the petitioner. Accordingly, the present petition under Section 276 of the Indian Succession Act, 1925, for grant of probate of the Will dated 24.05.1982, executed by late Shri Shambu Lal Puri is granted in favour of petitioner-Munishwar Puri. The original Will, which has been ordered to be put in a sealed cover and kept in the safe custody with Registrar (Judicial) of this Court, shall be made available to the petitioner on demand, in accordance with law. The Registry to issue probate of the Will in accordance with law after payment of necessary Court fee. (Nirmaljit Kaur) Judge August 03, 2009 mohan Whether to be referred to the Reporter: Yes/No