DROPATI DEVI Vs. JASWANT SINGH

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution, the petitioner has assailed the order dated 16th April 2007 passed by learned Additional district Judge, whereby an application of the petitioner under Section 10 of CPC was dismissed.

(2.) THERE are two suits pending between the parties qua the same property i. e 5685, Gali No. 79-80, Ragarpura, Karol Bagh, New Delhi. The erstwhile owner of this property was Late Shri Mai Singh. The petitioner herein filed a suit for declaration and recovery of possession before this Court claiming that Shri Mai singh had executed a Will claiming therein that late Shri Mai Singh had executed a General Power of Attorney in favour of the petitioner and had also executed a will dated 31st May 1999 bequeathing the property in favour of the petitioners. The suit is being contested by the defendants and this Court framed inter alia following issues:

(3.) DURING pendency of the suit before this Court, defendant/respondent filed a suit before the District Court seeking declaration and partition of the same property making petitioner and others as respondents and the trial court framed inter alia following issues: