Patna High Court

Late Urmila Sinha,versusXXX

Decided: 9 April 2026
Disposal: WITHDRAWN
Bench: S B P SINGH

Holding

The court held that the petitioner may be allowed to withdraw the test case, resulting in its dismissal.

Summary

The petitioners, representing the estate of the late Urmila Sinha, filed Test Case No. 2 of 2023 concerning the goods and probate matters of the deceased. The petitioner, through counsel Mr. Nishant Kumar Sinha, sought the court's permission to withdraw the test case. The court considered whether such a withdrawal could be permitted under procedural law. Finding no impediment, the court granted permission to withdraw the case. Consequently, the test case was dismissed as withdrawn and the court directed the office to return the original will and the probate duty in accordance with law.

Issues considered

Whether the petitioner may be permitted to withdraw the test case

Subjects

withdrawal of suit
test case
probate
will
civil procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                          TEST CASE No.2 of 2023
                 ======================================================
                 In the Goods of Late Urmila Sinha, W/o Late Suresh Kumar Sinha, resident
                 of House No. J/2, Bhawani Jageshwer Niketan, Sidheshwer Path, Chitragupt
                 Nagar, Road No.- 4, P.S. Patrakar Nagar, Town and District- Patna. 800020

                                                                         ... ... Petitioner/s
                                                   Versus
                 XXX XXXX

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Nishant Kumar Sinha
                 For the Respondent/s   :     Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   09-04-2026                 At the outset, Mr. Nishant Kumar Sinha, learned

                   counsel appearing on behalf of applicant seeks permission to

                   withdraw the present test case.

                               2. Permission is accorded.

                               3. Accordingly, the present Test Case No. 02 of 2023

                   stands dismissed as withdrawn.

                               4. Office is directed to return the original Will as well

                   as probate duty in accordance with law.



                                            (S. B. Pd. Singh, J)
Ankit Kumar/-

U

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