IN THE HIGH COURT OF JUDICATURE AT PATNA TEST CASE No.9 of 2008 IN THE GOODS OF LATE SITA BAR SHARAN ----------- Re: Item Nos.1 & 2 13. 30.10.2009 A reply has been filed on behalf of the petitioner to the objection petition in the name of Smt.Savitri Devi, N.R.No.1. It is stated in the said reply that Savitri Devi who is the mother of the applicant is about 95 years of age and has become senile and is completely bed ridden and she is not in a position to understand or to recognize any body or to give her thumb impression or to appoint a lawyer or to give instruction to any body or to file an objection petition. It is urged that she is in this condition for more than one year. It is also stated that she is a literate lady capable of reading and writing and she had signed on June, 2007 as her last signature when probate case bearing Title Suit No. 11 of 2008 was filed by her in the court of District Judge, Patna. It is also pointed out that the thumb impression of Smt.Savitri Devi on the Vakalatnama, caveat, objection petition and the rejoinder filed on 21.8.2009 has not been identified by any person whereas 2 that is an essential requirement under the law. It is further stated that the Vakalatnama has not been accepted by the learned counsel in the manner required and he has not stated as to how and through whom he has received the Vakalatnama, the executant or some agency. It is alleged that the caveat and objection petition have been filed by the two brothers of the petitioner, namely, Rakesh Bihari Sharan and Madan Mohan Sharan another objector. In view of the aforesaid statement in the affidavit of reply this Court had directed the caveator /objector to be personally present in Court by the order dated 11.9.2009 but on the date fixed, i.e., on 9.10.2009 it was stated that she was unable to come to the Court on account of severe attack of Poly-arthritis and again the matter was fixed for today and now an application has been filed on her behalf that she is bed ridden and suffering from joint pain and has been advised complete bed rest. In the above facts and circumstances, this Court agrees that the Vakalatnama filed 3 on behalf of the N.R.1 has not been duly executed as required by law nor it has been accepted in a proper manner; the same is, accordingly, rejected. Liberty is given to learned counsel for the said N.R. 1 to file another duly executed and accepted Vakalatnama. In view of the fact that the near relative Smt. Savitri Devi has not personally appeared to satisfy the Court that the caveat and objection have been filed by her the same is kept in abeyance and it is directed that it shall be taken up only after she personally appears in Court. Re: Item Nos. 3 and 4 The caveat and objection have been filed by Sri Madan Mohan Sharan, N.R.3 and Sri Dinesh Bihari Sharan, N.R.4. The same are in order. In the above circumstances, the aforesaid caveat and objection are accepted and the present proceedings are converted into Title Suit. In Title Suit the petitioner shall be the plaintiff and the N.R.Nos. 3 and 4 shall be respectively defendant nos. 1 and 2. 4 The parties are directed to file their affidavits suggesting the issues and also the list of witnesses and list of documents within two weeks from today. Put up on 13th November, 2009. Re:Item No.5 Put up on 13th November, 2009. Re: Item No.6 The I.A.No. 6350 of 2009 will be considered at the appropriate stage. (Ramesh Kumar Datta,J.) spal/