RANCHI, India, Sept. 30 -- Jharkhand High Court issued the following order on Aug. 29:
1. Instant appeal is preferred against the order dated 24.03.2021 passed in Probate Case No.17 of 2018 whereby and whereunder the probate application was rejected on the ground that earlier similar probate application was withdrawn with a prayer to file afresh, but no specific order was passed granting leave to file the probate application.
2. Learned Probate Court held that since permission to withdraw had not been granted to file afresh therefore, the subsequent probate application was barred under Order XXIII, Rule 1(4) of the CPC.
3. It is argued by the learned senior counsel on behalf of the probate applicant that the applicant was the brother-i...