AIR 1940 CALCUTTA 236

Calcutta High Court

Hon'ble Judge(s): Panckridge , J

(A) Succession Act (39 of 1925) , S.263, S.264— Revocation of probate - No civil suit lies - Proper remedy is application u/S.263 - Jurisdiction is limited to probate Court u/S.264. No civil suit lies to revoke a probate on any ground for it was the intention of the Legislature that the exclusive remedy in every case should be an application under S.263. Jurisdiction to revoke probate is limited to the probate Court within the meaning of S.264(1) : 31 Bom 604; 2 NWP HCR 268; 4 Cal 360 and 5 CWN 377, Rel. on; 5 CWN 383, Expl.; 13 Bom 520, Disting.(Para 240C1,2) (B) Succession Act (39 of 1925) , S.263— Application for revocation of probate-Dismissal operates as res judicata - (Obiter). Decision under S.263 against the applicant that he had not such interest in the subject-matter of the bequest as to justify his bringing an application for revocation of probate held operated as res judicata.(Para 240C2) (C) Succession Act (39 of 1925) , S.263— Representative proceedings - Decision in former proceedings in which provisions of O.1, R.8, Civil P.C. (5 of 1908), are not complied with does not operate as res judicata in subsequent representative proceedings. ....