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Arakal Bastian Ansap and ors. Vs. Nakayana Aiyar and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1911)ILR34Mad405
AppellantArakal Bastian Ansap and ors.
RespondentNakayana Aiyar and ors.
Cases ReferredNilmoni Singh Deo v. Umanath Mookerjee I.L.R.
Excerpt:
probate, application for - party entitled to object to grant--attaching creditor has interest sufficient to oppose grant. - .....had no locus standi to oppose the application for probate. they are judgment-creditors of the son of the deceased, two of whom had attached the son's interest in his deceased father's estate before the application for probate was made. the district judge followed the authorities in the matter of the petition of nilmoney singh umanath mookho-padhya v. nilmoney singh i.l.r. 19 (1881) cal. 429 and kishen dai v. satyendranath dutt i.l.r. 19 (1901) cal. 441. in the latter case the privy council's decision in nilmoni singh deo v. umanath mookerjee i.l.r. 19 (1884) cal. 19 was considered. we are not prepared to say he was wrong.2. the appeal is dismissed with costs--two sets.
Judgment:

1. The application for probate of the will was dismissed on the ground that the will had been revoked by marriage. The appellant does not contend that the will had not been revoked. He says the defendants had no locus standi to oppose the application for probate. They are judgment-creditors of the son of the deceased, two of whom had attached the son's interest in his deceased father's estate before the application for probate was made. The District Judge followed the authorities In the matter of the petition of Nilmoney Singh Umanath Mookho-padhya v. Nilmoney Singh I.L.R. 19 (1881) Cal. 429 and Kishen Dai v. Satyendranath Dutt I.L.R. 19 (1901) Cal. 441. In the latter case the Privy Council's decision in Nilmoni Singh Deo v. Umanath Mookerjee I.L.R. 19 (1884) Cal. 19 was considered. We are not prepared to say he was wrong.

2. The appeal is dismissed with costs--two sets.


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