Probate Case No.1 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Probate Case No.1 of 2008 (O&M) Date of decision 12.7.2011. Mrs. Neeru Malik ...... Petitioner. versus General Public and others ...... Respondents. Present :- Mr.Amit Rawal, Advocate for the petitioner. Mr.Hemant Bassi, for the respondent No.4. Probate Case No.1 of 2010 (O&M) Priyanka Batra ...... Petitioner. versus General Public and others ...... Respondents. CORAM : HON'BLE MR. JUSTICE K.C.PURI Present :- Mr. Hemant Bassi Advocate for the petitioner. Mr. Amit Rawal,, for the respondent Nos. 2 and 3 Probate Case No.1 of 2008 2 K.C.PURI . J. Mrs Neeru Malik wife of Ashok Malik filed Probate case No.1 of 2008 against General Public and others before this Court. The issues in this case have been framed by this Court and the case was fixed for evidence. Parveen Gupta, Mukesh Kumar and Veena Arora PWs are stated to be present. They stand discharged for the time being. 2. Another Probate Case No.1 of 2010 regarding the inheritance of Ashok Malik was preferred by Priyanka Batra before this Court. 3. Reply in that case filed. Costs have been deposited and receipt placed on the file. 3. Petitioner in Probate Case No.1 of 2010 titled as Priyanka Batra vs. General Public moved application under order 7 Rule 10A of the Code of Civil Procedure (in short - the CPC) for transferring the case to the Court of District Judge, Gurgoan or Rohtak vide Civil Misc. No.21611 C-II of 2010 but the same was dismissed as withdrawn on 25.10.2010. 4. As per Section 276 of the Indian Succession Act, 1925 the application for Probate or for letters of administration, with the annexed Will lies before the District Judge, where the deceased at the time of his death had a fixed place of abode, or had some property situated within the jurisdiction of the District Judge. The property, in the present cases, according to the pleadings of the parties, is situated at Gurgoan, Rohtak and Panchkula. Although Section 300 of the Indian Succession Act, 1925 gave concurrent jurisdiction to the High Court as well as District Judge in exercise of all the powers hereby conferred upon the District Judge, but in Probate Case No.1 of 2008 3 the interest of justice the application for grant of probate should, at the first instance, be treated by the concerned District Judge. As per section 299 of Indian Succession Act, 1925, every order made by the District Judge, by virtue of power conferred upon him shall be subject to the appeal to the High Court in accordance with the provisions of Code of Civil Procedure, 1908, applicable to the appeal. So, in case the application for probate is decided by the High Court in the first instance, in that case, parties loose their rights to file First Appeal before the High Court. 5. So, the application for grant of probate can be preferred before any of these District Judges. Counsel for the parties in both the petitions have stated at the Bar that they have no objection in case both the applications for grant of probate are entrusted to the Court of learned District Judge for adjudication. 6. Consequently, both the petitions, referred to above, stand transferred to the Court of District Judge, Gurgaon in view of provisions of Order 7 Rule 10A of the CPC. 7. Parties shall appear before said Court on 1.8.2011. 8. Both the files complete in all respect be sent before the District Judge, Gurgaon before that day positively. The District Judge, Gurgaon shall decide both the applications for grant of probate in accordance with law. 9. A copy of this judgment be sent to the trial Court for strict compliance. ( K.C.PURI ) JUDGE July 12, 2011 sv