SUSHILA YADAV Vs. LT.COL. GAJ SINGH YADAV

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the orders dated 05.05.2008 and 19.03.2008 of the Additional District Judge, Fast Track Court, Delhi.

(2.) The respondent No. 1 Lt.Col. Gaj Singh Yadav (Rtd.) had filed a suit for partition against the defendants. The petitioner was arrayed as defendant No. 3 in the said suit. A preliminary decree was passed in the year 1989. During the pendency of the suit, defendant No. 4 Ms Saroj Nalini Yadav expired in March 2004. The Respondent No. 1/plaintiff filed an application under Order 22 r/w Section 151 CPC for deletion of her name from the array of parties, as her legal heirs were already arrayed as defendants. The petitioner, who was the defendant No. 3 in the suit, opposed this application by filing reply to the same, stating therein that Ms Saroj Nalini Yadav had died living behind a Will dated 20.08.2003 bequeathing her share in the suit property in her favour. She, thus, requested to be impleaded as her only legal representative. This was opposed by the other defendants, particularly, defendants No. 6 to 8 alleging the said Will to be forged and fabricated document. It was their case that defendant No. 4 Ms Saroj Nalini Yadav died intestate and, thus, based on the said Will, in the absence of Probate, the petitioner/defendant No. 3 could not be substituted as the sole legal representative of the deceased Ms Saroj Nalini Yadav.

(3.) Thereafter, the petitioner/defendant No. 3 filed review application under Order 47 Rule 1 CPC which came to be dismissed by the learned ADJ vide the impugned order dated 05.05.08.