K. JEEVAN RITA MURTHY Vs. SARABJIT SINGH

JUDGEMENT

(1.) Present appeal has been filed challenging the impugned judgement dtd. 15/1/2024 passed by the learned Single Judge in CS(OS) No.1418/2010, whereby the application filed by the appellant for substitution as a legal representative of the deceased defendant (respondent no.2) was dismissed. The appellant further seeks to challenge the order dtd. 30/4/2024 passed by the learned Single Judge in RP No.193/2024 in CS(OS) No.1418/2010, whereby the review petition filed by the appellant challenging the order dtd. 15/1/2024 was also dismissed.

(2.) Learned counsel for the appellant states that the learned Single Judge erred in allowing the application being IA No. 6723/2022 filed by Mr. Ved Vyas on behalf of the alleged legal heirs for substitution as legal representatives of the deceased defendant without there being any proof of the same.

(3.) He further states that the learned Single Judge erred in dismissing IA No.19418/2022 filed by the appellant seeking her substitution as a legal representative of the deceased defendant by failing to consider that firstly, the apellant had already filed Test Case No.33/2023 seeking Letters of Administration in her favour on the basis of the Will executed by the deceased defendant and secondly, that the appellant had been living in the suit property with deceased defendant since prior to his death and has continued to live.