SHUB LATA Vs. BIMLA DEVI

JUDGEMENT

(1.) THE present petition has been filed for partition and permanent injunction. THE brief factual matrix of the case is that a plot bearing No.20, B-VI Extension, Safderjung Enclave, Arjun Nagar, New Delhi, was acquired by Smt. Satya Devi from her late husband Ram Dass. Smt. Satya Devi died intestate in the year 2009. Since at the time of death of Ram Dass and his wife Smt. Satya Devi, there were no Class-I legal heirs of both of them, therefore, the property devolved upon the petitioner and the respondents, Class-II legal heirs.

(2.) THE petitioner and respondent No.2 are the nieces of late Ram Dass whereas respondent No.1 is his sister. After the death of Satya Devi, the petitioner asked for settlement over the suit property, but the respondents did not act on the same. Hence, the petitioner filed this petition.

(3.) IT appears from the order dated 29.04.2011 that the matter has now been put up for evidence of the petitioner on indigency. In the meanwhile, the respondents were directed to file replies to the application. The said order dated 29.04.2011 has been challenged by the respondent No.1/appellant by way of the present appeal. IT is stated in the appeal that the order dated 29.04.2011 of the Joint Registrar is liable to be set-aside, as under the inquiry the Court has also to see the validity of the cause of action on the basis of which the present suit has been filed and not merely as per the report with regard to the resources of the petitioner to consider the petition on indigency.