MANTVYA AGRAWAL Vs. SATYAM AGRAWAL

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the order dated 14.10.2016 passed in Civil Suit No.1A/11 by the 4th Additional District Judge, Durg, whereby an application moved by the appellant under Order 22 Rule 3 read with Rule 10 CPC was dismissed.

(3.) Facts of this case are that one Ku. Anita Agrawal had filed a suit claiming different reliefs against 7 defendants and the suit was filed in the year 2011. During the pendency of the suit, the sole plaintiff Ku. Anita Agrawal, who is said to be aged about 72 years died. Before her death, the written statement was filed by the defendant. On her death, the application under Order 22 Rule 3 & Rule 10 CPC was filed by the appellant herein claiming that the plaintiff Ku. Anita Agrawal has bequeathed all her property in favour of Mantavya Agrawal, who is a minor, by a WILL dated 16.12.2014. The reply to such application was filed, thereafter, the Court below adjudicated the application under Order 22 Rule 3 & Rule 10 CPC and held that the WILL was not duly proved, consequently, in a result, the application filed by the appellant was dismissed. Therefore, this appeal.