RADHA AGRAWAL Vs. RAMESH AGRAWAL

JUDGEMENT

(1.) Heard.

(2.) The facts of the case, in brief, are that Santra Devi (dead) filed this civil suit against Rakesh Agrawal (dead) for the relief of possession and damages. Subsequent to death of plaintiff -Santra Devi, respondent No.6 -Dipesh Agrawal was substituted as her legal representative on the strength of a will executed by Santra Devi in his favour.

(3.) Respondent No.3 -Ashok Agrawal and others have challenged the registered will dated 14.11.2014 in favour of Dipesh Agrawal in Civil Suit No.22-A of 2016, in which judgment and decree dated 23.3.2019 was passed and the said will was declared void. It was subsequent to this development, respondent No.6 -Dipesh Agrawal filed an application under Order XXIII Rule 1 of the Code of Civil Procedure praying for withdrawal of the civil suit on ground that he is not entitled to prosecute the suit as legal representative of deceased -Santra Devi. This application was opposed by respondent No.1 -Rakesh Agrawal (dead) whose legal representatives are the petitioners, however, the same was unopposed by respondent No.1/ defendant No.2. The application for withdrawal of the civil suit was allowed by the impugned order. Respondent No.1/ defendant No. 2 then filed a separate application under Order XXIII Rule 1A of the CPC, praying for his transposition as plaintiff in the civil suit claiming to be legal representative of deceased Santra Devi, which has been allowed by the trial Court.