IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2000 of 2008 KHEDAN MAHTO Versus TULSI MAHTO ----------- 2 2/12/2008 Heard counsel for the petitioner. The view taken by the court below by the impugned order rejecting the application of the petitioner for revoking a probate granted in the year 1998 is perfectly correct and justified which does not require any interference from this Court. The petitioner claims to be purchaser of the year 1956 of a property for which probate has been granted in the year 1998. Petitioner’s right definitely cannot be restricted by grant of probate as it is well settled that the question of title is not decided in the probate case. That being so, the court below has committed no error in rejecting prayer of the petitioner to revoke that probate on the ground that it was granted exparte without issuing notice to the petitioner. There can also be no exception on facts or in law to the finding of the court below that the petitioner infact had no 2 locus-standi to be heard in the grant of probate as he was neither the heir nor legal representative of the propounder of the will. In that view of the matter, this application being wholly misconceived is hereby dismissed. (Mihir Kumar Jha, J.) Abhay Kumar