AJAY BIJLI Vs. STATE

JUDGEMENT

(1.) Anil Bijii has filed this application under Order I, Rule 10 read with Section 151 of the Code of Civil Procedure with the provisions of Indian Succession Act for impleading the applicant as a party in the probate case pending in this Court.

(2.) It is mentioned in the application that Anil Bijii is an adopted son of late Shri Krishan Mohan Bijii and one of his legal heirs who is directly affected by the grant of probate and he is a necessary and proper party to the present case and his presence is necessary for proper adjudication of the aforesaid probate case. It is mentioned in the application that because of heart ailment the application could not be moved earlier.

(3.) Notice of this application was issued and in pursuance to the notice a detailed reply was filed on behalf of petitioner No. 1. In reply it is categorically denied that the applicant Anil Kumar is the adopted son of late Shri Krishan Mohan Bijii. It is also mentioned that late Shri Krishan Mohan Bijli has executed the Will which is legally valid and binding. It is mentioned that petitioner No, 2 is the lawfully wedded wife and widow of late Shri Krishan Mohan Bijii. There was neither any offer to take the applicant Anil Kumar, nor he was even taken, in adoption by either late Shri Krishan Mohan Bijii or his wife Smt. Sandooria Rani.