SUBHA CHAWLA Vs. HARISH CHAWLA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the order dated 22.02.2010 of Additional District Judge, Central-14, Delhi whereby application under Order 22 Rule 3 CPC, filed by the petitioner herein, was dismissed.

(2.) Smt. Kartar Rani Chawla, the mother of the petitioner/applicant had filed a suit for recovery under Order 33 CPC against her son Harish Chawla, his wife and children. The plaintiff died during the pendency of the suit and whereupon an application under Order 22 Rule 3 CPC was filed by the petitioner for her substitution in the place of her mother on the ground of her being natural heir of her deceased mother as also on the ground that her deceased mother had left behind a Will dated 10.10.2008 in her favour and thus, the right to sue, as plaintiff, survives in her favour and to the exclusion of her other sisters who were not interested in prosecuting the suit filed by her deceased mother.

(3.) Vide the impugned order the learned ADJ not only dismissed the application, but also the suit, observing that the right to sue did not survive in favour of the petitioner (applicant before the ADJ) inasmuch as, as per Section 14(2) of Hindu Succession Act, the deceased/plaintiff herself had a limited right in the property during her life time as per the Will executed by her late husband in her favour.