SARWAN KUMAR JHABARMAL CHOUDHARY vs SACHIN SHYAMSUNDAR BEGRAJKA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION 1. Learned Single Judge of this Court (Manish Pitale, J.) invoked Rule 28(C) of the Bombay High Court (Original Side) Rules, 1980, to formulate following questions for decision by a larger bench. “(I)Whether explanation (a) to (e) to Section 263 of the Indian Succession Act, 1925, are exhaustive or illustrative, in the context of “just cause” for revoking or annulling grant of Probate or Letters of Administration? (II) Whether circumstances not covered under explanations (a) to (e) to Section 263 of the Succession Act, 1925, can become the basis for “just cause” for the Court to revoke or annul grant of Probate or Letters of Administration? (III) Whether the judgments of learned Single Judges of this Court in the cases of George Anthony Harris vs. Millicent Spencer [AIR 1933 Bom. 370] and Sharad Shankarrao Mane and etc. vs. Ashabai Shripati Mane [AIR 1997 Bom 275], lay down the correct position of law?” 2 2. The papers were accordingly placed before the Hon’ble the Chief Justice for consideration. The Hon’ble the Chief Justice referred the questions formulated by learned Single Judge for consideration