ASHOK RANI Vs. SHEELA DEVI

JUDGEMENT

(1.) The present regular first appeal u/s 96 of the Code of Civil Procedure has been preferred by the defendant/appellant impugning the judgment and order dated 15.09.2012 passed by the learned Additional District Judge, Dwarka Courts, New Delhi, whereunder the suit being CS No.195/11/10 instituted by the respondent seeking partition and permanent injunction has been decreed.

(2.) The respondent/Ms.Sheela Devi, who was the legally wedded wife of late Mr.Bahadur Singh had instituted the captioned suit seeking partition and injunction qua the property left behind by her late husband Mr.Bahadur Singh. It was pleaded that her husband had expired on 26.02.2004 leaving behind two legal heirs; the respondent his legally wedded wife and the appellant herein, who was his only child. The appellant who was arrayed as the sole defendant in the suit, opposed the suit and in her written statement filed before the learned trial court, took the plea that the respondent/Ms.Sheela Devi was not entitled to claim any share in the property left behind by her father as the respondent after her divorce from Late Bahadur Singh, had received an alimony of Rs.5 lakhs in full and final settlement of her claims. The appellant thereafter raised an additional plea by filing an amended written statement, wherein she sought to rely on an undated note alleged to have been written by her father, bequeathing the suit property to her.

(3.) During the pendency of the suit, an application under Order 1 Rule 10 CPC seeking impleadement was moved by one Mr.Sanjay Kumar alleging that the late Mr.Bhadur Singh had entered into an agreement to sell with him in respect of the suit property and had also executed a G.P.A in his favour. Though this impleadement application was rejected, the appellant then sought to rely on a Will dated 23.05.1989 alleged to have been executed by her father, which she claimed had come to her knowledge, only after the filing of the impleadement application by Mr.Sanjay Kumar.