IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1353 of 2008 SMT. NIRMALA DEVI Versus MOST. SRIPATI DEVI ----------- 2. 25.8.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order allowing intervention for examining objection of one Sripati Devi claiming to be the daughter of Late Kashi Nath Pandey cannot be said to be vitiated on account of any jurisdictional error, inasmuch as when a probate proceeding has been lodged by the petitioner, claiming to be the legatee under the Will, in the opinion of this Court the objection of someone claiming to be the daughter had to be at least looked into for the purposes of deciding the correctness of the Will. Now that when the application has been allowed, the matter will be gone into as a contested suit and therefore, at that stage it will be always open for the petitioner to contend that Late Kashi Nath Pandey had no daughter much less Sripati Devi. That will not, however mean that no one including Sripath Devi would not be allowed to raise their objection against the Will. 2 In that view of the matter, the application is absolutely misconceived and is hereby dismissed with the aforementioned observations. ( Mihir Kumar Jha,J.) Surendra/