LALITABEN Vs. CHHOTALAL C RASANIYA

JUDGEMENT

(1.) Learned advocate for the appellants seeks permission to delete respondent No. 8 who has expired. Permission as prayed for is granted. The matter is taken up for final hearing today.

(2.) This appeal is directed against the judgement and decree dated 28.12.1995 passed by the learned Judge of the City Civil Court No.7, Ahmedabad in Civil Suit No. 1162 of 1982 dismissing the suit of the appellant-plaintiff.

(3.) The facts of the case in brief are that the defendant No.1 has filed application in the Civil Court with the respect to the suit will. Thereafter Civil Suit No. 473 of 1982 was filed for administration in respect of suit property in accordance with the suit Will without impleading the plaintiff as a party thereto with a view to obtain convenient order behind her back. The appellant-original plaintiff has challenged the legality and validity of the suit will. According to her, the suit property in the hands of the deceased testator was an ancestral property and he had no right to dispose of it of by means of testamentary document to the exclusion of the plaintiff. The appellant has also made an application for impleading her as a party defendant. The learned Judge after framing the issues dismissed the suit of the appellant. Hence, this appeal.