p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.514 of 2026 Ramesh Chandra Pradhan …. Petitioner M/s. Biswajit Nayak and associates, Advocates -versus- P. Rakesh @ Happy and others …. Opposite Parties CORAM: HON’ BLE THE CHIEF JUSTICE Order No. ORDER 17.04.2026 01. 1. The instant application under Article 227 of the Constitution of India is filed at the behest of the petitioner challenging the order dated 31st January, 2026 passed in C.S. No.1 of 2023 by the learned District Judge, Puri in rejecting an application under Rule 7 read with Rule 14 of Order 16 of the CPC. 2. In a proceeding for grant of probate of a will made and published by the testator, the petitioner was impleaded as an objector to such grant of probate and filed the pleadings in support of such objection. 3. Amidst the pendency of the said proceedings, an application under the aforementioned provision was taken out for issuance of the summons upon the Head Post Master of the Head Post Office, Puri p. 2 Town Hall to give evidence and disclose the documents, which are in his possession. The Probate Court rejected the said application on the score that the scope of the probate proceeding being limited, its span cannot be expanded for a fringe issue, which has no nexus thereto. It was further observed that in the event, the petitioner intends to rely on any document in support of the objection, he may obtain a certified copy and adduce the same at the time of his deposition. 4. Before this Court proceeds to decide the cause, the nuances of law relating to a grant of probate to a will should be recapitulated. It is no gainsaying that the Probate Court is denuded of power to decide any title to the property but the determination is restricted on the genuinity and/or authenticity of the will. Even if the probate is granted to a will, it does not absolve nor preclude the party to assert his title before the Civil Court. It is beyond a cavil of doubt that on the death of a testator having a testamentary capacity, the executor is regarded as the legal representative and the estate vests upon him/her by virtue of Section 221 of the Indian Succession Act, 1925. The executor has to manage and administer the estate of the deceased subject to the limitations and/or restrictions imposed under the several provisions of the said Act. The executor being the propounder of the will has to p. 3 adduce evidence to dispel all suspicious circumstances surrounding the execution of a will and in the event, the executor has dealt with the property, the restrictions and/or prohibition having created in the said Act, the Probate Court is clothed with ample power to pass orders in this regard. 5. The application for issuance of the summons to the Head Post Master of the Head Post Office, Puri is founded upon the assertion that the executor has withdrawn the money from the account of the testator at the time when he is in his deathbed, which in my opinion is not connected and/or relatable to the proving of the will. Whether the testator has a testamentary capacity being a person of sound mind is to be proved by an objector by adducing evidence and the Probate Court cannot travel beyond such limited jurisdiction. 6. This Court does not find any infirmity and/or illegality in the order of the trial Court in dismissing the said application. 7. The instant application sans merit and is hereby dismissed. (Harish Tandon) Chief Justice M. Panda Signed by: MRUTYUNJAYA PANDA Reason: Authentication Court of Orissa, Cuttack 13:45:36 Signature Not Verified