LAXMI RAJVANSH Vs. SHAMA

JUDGEMENT

(1.) Petitioners herein had filed an application under Order XXII Rule 3 of CPC read with Sec. 151 CPC praying therein that they may be impleaded as party after the death of plaintiff-Ms. Sarbati Devi, as they had become the owner of the property in question on the basis of one Will executed by her.

(2.) During course of the arguments, learned counsel for petitioner has, very fairly, admitted that based on the aforesaid Will, the petitioners herein have already filed a petition seeking probate and such petition is still pending adjudication in which the objection has also been filed by the opposite side.

(3.) Petitioners are seeking their substitution, merely, on the basis of the Will and admittedly, as on date, the genuineness of such Will is already under challenge in the aforesaid Probate Petition.