B P SHARMA Vs. JAVITRI SHARMA

JUDGEMENT

(1.) This present petition has been preferred against an order dated 1st February, 2010 whereby the learned trial court allowed an application made by one Sh. R.P. Sharma in a suit pending before the trial court titled Smt. Javitri Devi Sharma Vs. Sh. B.P. Sharma.

(2.) Smt. Javitri Sharma had expired on 12th September, 2009 and the application was made by Sh. R.P. Sharma on the ground that Smt. Javitri Sharma's husband was already dead. Smt. Javitri Sharma had left behind a registered Will dated 19th March, 1998. As per this Will, she had given responsibility to Prem Sukh Trust, a Trust created by her late husband, to pursue the litigation initiated by her during her lifetime. The trustees of Prem Sukh Trust, in a meeting, authorized Sh. Rameshwar Prasad Sharma, nephew of deceased Smt. Javitri Sharma to be the President of the Trust and also authorized him to contest the litigation on her behalf. Thus, Sh. R.P. Sharma moved application to be impleaded as legal heirs for the purpose of contesting the litigation filed by Smt. Javitri Sharma. The pending suit in which the application was made had been filed by Smt. Javitri Sharma against Sh. B.P. Sharma, who was also one of the nephews of Smt. Javitri Sharma.

(3.) It is stated by defendants, legal heirs of Sh. B.P. Sharma that after death of Smt.Javitri Sharma, he being a nephew, would have been the legal representative of Smt. Javitri Sharma and since defendant Sh. B.P. Sharma was dead, his legal heirs would be the legal representative of Smt. Javitri Sharma. No right to sue survived after death of Smt.Javitri Sharma in favour of Sh. R.P. Sharma or the Trust against the legal heirs of Smt. Javitri Sharma, who were defendants.