Sadhana Dharmabandu v. Mallika Homes Ltd And Others – sllr 2009 volume 1 page 151

In Sadhana Dharmabandu v. Mallika Homes Ltd and Others, the court addressed whether withdrawal of a probate application by the petitioner requires dismissal of the main action to prove the Last Will, or whether an intervening party may continue prosecution. It was held that withdrawal of the probate application does not necessitate dismissal of the testamentary action, and the intervening party is entitled to continue the proceedings. This principle reinforces that, under Sections 516 and 517 of the Civil Procedure Code, deposit of a Will and application for probate are legally distinct actions, and withdrawal of the latter does not terminate the proceedings initiated by the deposit of the Will. Emphasis was placed on the court’s discretionary power to allow prosecution to proceed, safegua