SHAHMAL Vs. DHARAMWATI

JUDGEMENT

(1.) RAM Janam Singh, J. This revision has been filed by Shahmal, son of Indraj against the order dated 24-12-1996 passed by learned Additional Commis sioner, Meerut with the allegation that the learned Court below has substituted the daughter of the deceased Phulwati in her place against the fact and legal provisions.

(2.) REVISIONIST alleged that the deceased Smt. Phulwati has executed a Will deed in her favour and on the basis of the Will-deed, the daughter Smt. Dharamwati, revisionist should have been sub stituted. Since the regular suit is still pend ing before the trial Court it was necessary and mandatory on the part of the learned trial Court to have substituted somebody in place of the deceased just to get the proceedings going on keeping in view this fact, the learned trial Court substitued the legal heirs, the real daughter of the deceased Phulwati. This order will con form to the decision of the case pending before the trial Court. By substituting the name of Dharmvvati in place of her mother Smt. Phulwati, she is not going to go any right if the documentary and oral evidence are otherwise but it Phulwati was legally there and her name was recorded in the revenue records then after her death her daughter is the any heir and should be sub stituted in place of her mother. I think both the Courts below have passed this order keeping in view the legal as well as factual position of the case.