MANEKA GANDHI Vs. INDIRA GANDHI

JUDGEMENT

(1.) I had dismissed this appeal on 2-5-1984 with reasons to follow later on. Here are those reasons :

(2.) The appellant Smt Menka Gandhi married Shri Sanjay Gandhi on 29-9-1974. She had a son Feroze Varun Gandhi born on 13-3-1980. Shri Sanjay Gandhi died on 23-6-1980. On 3-2-1982 Smt Maneka Gandhi prepared a petition for the court of the District Judge, Delhi for grant of letters of Administration in respect of some company securities valued to the tune of Rs. 4,73,058.80 paise under Section 278 of the Indian Succession Act, 1925, on behalf of Varun as petitioner No. 1 and herself as petitioner No. 2. It was presented to the Court on 17-4-82 by their advocate one Shri Karan Bal. They were directed to file the list of companies and relatives on 6-7-82 and then on 13-12-82 and 5-1-83. On 5-1-83 no one was present and the case was consigned to records to be revived at the instance of the petitioners as and when they chose to appear.

(3.) On 23-3-83 Smt. Maneka Gandhi left her residence at 1, Safdarjung, New Delhi along with Varun. On 25-3-83 their counsel Shri Shujat Ullan Khan made an application for revival of the case and also filed the aforesaid lists. That application was dismissed for default on 22-8-83. It was restored on 6-9-1983. Citations were then to be issued in the Hindustan Times. But on 23-4-83 due to some undisclosed reason, they applied for issue of citations in the National Herald. The citations were then published on 26-9-83. Notices were also issued to Smt. Indira Gandhi and Shri Rajiv Gandhi