PRAMILA SRIVASTAVA Vs. ASHA SRIVASTAVA

JUDGEMENT

(1.) This is an application filed by the plaintiff under Section 24 of the Civil Procedure Code seeking consolidation of the present suit with the Testamentary Case No. 89/2008 titled as Gautam Srivastava vs. State and Others. It is the contention of the plaintiff that the parties to the present suit are also the parties to the aforesaid probate proceedings. Defendant No. 2 has relied upon Will dated 26.04.2005 alleged to have been executed by Late Sh.R.P.Srivastava. Hence, it is stated that the issue as to whether the said Will executed by Late Sh. R.P. Srivastava is a genuine and valid Will and last testament of Late Sh.R.P. Srivastava is germane for disposal of the present suit and the probate proceedings. Hence the present application for consolidation.

(2.) The present suit is filed seeking a decree of partition, separate possession and for rendition of true and complete accounts of the properties of R.P. Srivastava & Sons HUF. The controversy pertains to the estate of Late Sh. R.P. Srivastava who had married twice. The plaintiff is the widow of the pre-deceased son of Late Sh.R.P. Srivastava from his first wife. Defendant No. 1 herein is the widow and the second wife of Late Sh.R.P. Srivastava. Defendants No.2 and 3 are the children of defendant No.1 and late Shri R.P.Srivastava.

(3.) The probate case bearing Test Case No.89/2008 is filed by defendant No.2 as Executor of the stated Will of Shri R.P.Srivastava dated 26.4.2005, wherein it is claimed that the entire estate was bequeathed by late Shri R.P.Srivastava to defendant No.1.