grounds so enumerated under Section 263 of the Indian Succession
Act permitting revocation and one of the grounds happens to be
absence of citation. The judgment and order impugned deals with the
aforesaid theme only. In order to scrutinize the finding recorded by
the learned lower Court, the original petition of Civil Misc. (Probate)
Case No.33 of 2010 has been gone through wherefrom it is evident
that in Para-6 of the petition only presence of three daughters have
been shown without disclosing their names as well as full address (at
present or permanent). In absence thereof, really personal service
would have been effected as contended on behalf of learned counsel
for the appellant is a matter of concern which, ultimately frustrate the
submission made on behalf of learned counsel for the appellant.
Record did not speak with regard to identification of three daughters
of testator Late Basudeo Tiwary by name and further, any requisite for
issuance of notice against them to be available on the record.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.78 of 2012
RAMA SHANKAR TIWARI V SNEH LATA PANDEY
CORAM: MR. JUSTICE ADITYA KUMAR TRIVEDI
Citation:AIR 2016 (NOC)435 PAT
Date: 05-04-2016
