NARAIN MISHRA Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard counsel for the parties are perused the record.

(2.) The only question involved in this petition is about the jurisdiction of civil court in a suit filed for cancellation of a Will dated 13.4.1981 alleged to have been executed by Ram Lochan Mishra.

(3.) A suit was' filed by Smt. Rajeshwari Devi claiming to be the wife of Lal Chand who predeceased his father Lal Chand Misra. She alleges to have a son and daughter and after death of her husband she is living at Bombay with son-in-law. During that period, defendant respondent got a forged Will registered and claim to have inherited all properties of Ram Loehan. She alleges that Ram Lochan was member of joint family and had no right to execute Will nor was capable of executing Will. The plaintiff prayed for cancellation of Will dated 13.4.1981 in favour of petitioner Sri Narain Mishra and injunction from interfering in possession of plaintiff. The defendant filed written statement taking objection that consolidation operations have taken place in the village, hence suit is barred by Section 49 of the U. P. Consolidation of Holdings Act., The trial court by order dated 15.12.1984 rejected the objections of the defendant petitioner. This order was confirmed in revision. Thereafter the plaintiff filed application for amendment of plaint seeking amendment in pedigree and that a sale deed had been executed on 11.5.1981 in favour of Gulab Chandra Chaubey.