PARAMJIT KAUR Vs. GURDIP SINGH MARWAH

JUDGEMENT

(1.) By the present petition filed under Article 227 of the Constitution of India, the petitioner seeks to impugn the order dated 21.10.2016 by which an application filed under Order 22, Rule 2 CPC was dismissed.

(2.) The petitioner along with plaintiff No.2 namely Smt. Sushila Kumari filed a suit for declaration, mandatory and permanent injunction and for rendition of accounts. Smt. Sushila Kumari was the owner of property bearing No.B-10/16, Rajouri Garden, Delhi. The said property was purchased on 14.05.1962. It was the case in the plaint that Smt. Sushila Kumari started showing signs of dementia. On 07.02.2011, it is contended in the plaint that the respondent got executed a gift deed in his favour. Further, it is stated that a fraud was played by the respondent upon the sick and mentally ill plaintiff No.2 and the gift deed is void. Plaintiff No.2 has died on 27.12.2013 issueless. She is survived by one sister. Her parents had already pre-deceased her. She also had two brothers who had also predeceased her. The petitioner and the respondent are the children of the predeceased brothers.

(3.) The petitioner has filed repeated applications seeking different reliefs but somehow has not managed to bring on record LRs of deceased Smt. Sushila Kumari. First an application was filed under Order 22, Rule 3 CPC to bring on record the children of the deceased two brothers as LRs of Smt. Sushila Kumari. The application was filed in 2014 and was dismissed as withdrawn.