DAYAWATI Vs. STATE

JUDGEMENT

(1.) The present chamber appeal under Rule 5 of Chapter II of the Delhi High Court (Original Side) Rules 2018 has been filed on behalf of respondent no. 2/appellant against order dtd. 22/12/2021 ("impugned order") passed by Ld. Joint Registrar. By way of the aforesaid impugned order, the Ld. Joint Registrar disposed of I.A. No. 8659/2021 under Order XXII, Rule 3 read with Sec. 151 of Code of Civil Procedure, 1908 to bring on record the legal representatives of the deceased petitioner no. 2, Mrs. Uma Jain, who passed away on 10/6/2021.

(2.) The relevant factual background is that the testator Sh. Sital Pershad Oswal died on 14/4/1999 leaving behind a widow and three children. The widow of the late testator i.e., Smt. Dayawati, filed the present petition seeking probate with respect to the Will dtd. 22/12/1992 executed by her late husband in his lifetime. The children of the testator, namely, Mrs. Usha Jain, Mrs. Uma Jain and Sh. Satish Oswal were made parties to the probate petition. Thereafter, objections to the probate petition were filed on behalf of Sh. Satish Oswal, who is contesting the Will dtd. 22/12/1992 of his late father, inter alia, on the ground that the Will dtd. 22/12/1992 is neither a genuine document nor is it the last will of the deceased testator. It is also claimed by him that the true and last Will of the deceased testator is a Will dtd. 7/4/1999.

(3.) This Court vide Order dtd. 23/5/2005 had framed issues in the present Petition as under: