PARVATHAMMA Vs. JAYAMMA

JUDGEMENT

(1.) By way of this writ petition, the petitioner, who is defendant No.3 in a suit for declaration and consequential reliefs as filed by the respondent No.1 of this petition [O.S.No.997/2012 in the Court of the XVI Additional City Civil Judge (CCH-12), Bengaluru], has questioned the order dated 19.03.2014 in the said suit whereby, the Trial Court has rejected an application filed on her behalf under Section 151 of Code of Civil Procedure, 1908 ('CPC'), seeking leave to file a counter-claim.

(2.) The relevant background aspects of the matter are that each one of the principal disputants i.e., the plaintiff (respondent No.1) and the defendant No.3 (petitioner) is seeking to assert herself to be the legally wedded wife of late Sri.C.Hanumanthaiah, who was employed as Head Constable in Railway Protection Force and died on 24.11.2009, after his retirement from service.

(3.) The plaintiff-respondent No.1 has filed the suit aforesaid seeking declaration that she was the legally wedded wife of the said Sri.C.Hanumanthaiah and hence, is entitled to receive the family pension and other service benefits from his employer (defendant Nos.1 and 2) related with South Western Railways. The plaintiff has averred that her marriage with late Sri.C.Hanumanthaiah was solemnized on 17.05.1972 and three children were born out of the wedlock. It is also asserted in the plaint that late Sri.C.Hanumanthaiah was regularly on travel in relation to his duties, but the family had settled with the permanent residence at Sunkadakatte.