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1945 DIGILAW 128 (CAL)

Haripada Saha v. Ghanasyam Saha

1945-06-11

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JUDGMENT 1. Having heard the learned Advocates on both sides, it seems to us that in the present case the Court below should not have refused the Petitioners an opportunity to content the probate proceedings. It is well settled that any interest, however, slight, and even the bare possibility of an interest is sufficient to entitle a person to enter caveat in a probate proceeding. 2. We need not express any opinion on the merits of the case at the present stage, but a question of construction might arise as regards the character of the interest which Subasini took in the property bequeathed to her by her husband; and so long as there is room for argument, we think that nobody should be denied the opportunity of making his submission to the Court in regard to the validity or otherwise of any testamentary document. 3. We, therefore, make this Rule, absolute, set aside the order of the learned District Judge and direct that the Petitioners be allowed an opportunity to enter caveat in the probate proceedings. 4. We make no order as to costs in this Court. Let the records be sent down without delay.