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Priyamvada case: Calcutta HC allows substitution of four

Our Legal Correspondent

Kolkata , June 25

MR Justice Kalyan Jyoti Sengupta of the Calcutta High Court on Friday allowed the application of Mr Arbind Newar, Mr N.G. Khaitan, Mr D.K. Mantri and Mr Ajoy Newar for substituting them in place of Ms Laxmi Devi Newar, who died testate on May 23, 2005.

The matter pertains to the probate proceedings of the will of Priyamvada Devi Birla filed by Mr R.S. Lodha, where Ms Laxmi Devi Newar had filed a caveat.

While allowing the application for substitution in place of Ms Newar, the court held that, for the balance of convenience, it would be proper to bring the applicants as necessary party to the proceedings, but all the points relating to this application including the `locus standi' of the substituted persons are kept open, and can be considered at the time of hearing of the probate proceeding.

The counsel appearing for Ms Newar argued that out of the four, three were executors of her will and the other is the son of the deceased. Hence, upon the death of Ms Newar, the applicants are the proper persons to contest the proceeding, as the caveat lodged by Ms Newar was not challenged.

The counsel for Mr Lodha opposed the application stating that any part of the estate of Priyamvada Devi has never come to Ms Newar as she relinquished all her rights in the 1982 will of both Priyamvada Devi Birla and M.P. Birla. It was submitted that she had consented that the entire estate of Priyamvada Devi shall go for public charity. The co-applicants are acting against the wish of Ms Newar, said the counsel.

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