MUKTI DUTTA Vs. VIJAY BHUSHAN

JUDGEMENT

(1.) I.A. 11438/2022 (under Order XXII Rule 1 on behalf of the plaintiff seeking Withdrawal of the Civil Suit) & I.A. 12077/2022 (under Order XXIII Rule 1-A read with Order I Rule 10 of CPC on behalf of LR No.(iii) of Defendant No.1 for Transposition as a plaintiff).

(2.) The two applications have been filed, one by the plaintiff for withdrawal of the Suit and other by Mr. Amit Bhushan LR No.(iii) of Defendant No.1 for Transposition as a plaintiff.

(3.) Briefly stated, the Suit property was exclusively owned by late Shri Narain Dutta, who died intestate and was survived by his wife, late Shri Karam Devi, three daughters namely late Vidyawati, Sumitra Sahai, & Kaushalya and one son late Shri Krishan Dutta. After the demise of late Shri Narain Dutt, despite the fact that their mother late Shri Karam Devi was surviving then, the son late Shri Krishan Dutta had got the entire suit property mutated in his name on 6/6/1952. Thereafter, he executed a Will dtd. 7/6/1976 bequeathing the suit property in favour of defendant No. 17, Arya Orphanage. Late Sumitra Sahai and the other siblings gave their NOC to the issuance of a Letter of Probate in favour of the executor of the Will, Smt. Rani Dutta, wife of late Shri Krishan Dutta who had assured that no share beyond what late Shri Krishan Dutta was legally entitled to would be alienated by way of the Will.