ANITA JAIN Vs. ASHOK KUMAR ARORA & ORS

JUDGEMENT

(1.) The petitioner is the plaintiff of the civil suit (CS 1200/16) instituted by her, inter alia, for recovery of possession of the subject property, admittedly originally owned by Raj Kumar Jain, who has since died. The petitioner claims to be distantly related to the said Mr. Raj Kumar Jain. The suit, as presented, was directed against the first respondent Ashok Kumar Arora who statedly had been inducted as tenant in the subject property by Raj Kumar Jain during his lifetime. The petitioner claims to be the owner of the subject property, after the death of Raj Kumar Jain having inherited the rights under a Will statedly left behind by him.

(2.) The defendant (first respondent) is resisting the suit declining to hand over the possession of the suit property to the petitioner on the contention that some other parties (i.e. second to seventh respondents) were also claiming to be the owner of the subject property on the ground that they were the class-II legal heirs, who had inherited the interest.

(3.) The said other parties i.e. second to seventh respondents, moved an application under Order 1 Rule 10 of the Code of Civil Procedure, 1908 (CPC) seeking impleadment, inter alia, raising the contention that the Will set up by the petitioner is not genuine, it being a fake and fabricated document. The Additional District Judge has allowed the said application under Order I Rule 10 CPC by order dated 12.09.2017, which is assailed by the petition at hand.