LAKSHMI DEVI Vs. LATA SINGH

JUDGEMENT

(1.) Smt. Lakshmi Devi has filed this petition for grant of letters of administration to her in respect of the estate of the deceased Lal Bahadur Singh on the allegation that she is widow of Lal Bahadur Singh who expired on 20.8.1996 leaving behind her and Rajendra Singh, his son. Lal Bahadur Singh was having illicit relationship with one Lata Singh who was a teacher in the Institution where the deceased was Principal and out of this relationship one son, namely, Amit Kumar Singh and one daughter, namely, Km. Vijai Shri Singh were born. Lata Singh filed a caveat. She alleged that Lakshmi Devi is not widow of Lal Bahadur Singh but, in fact, she is wife of one Hanuman Prasad and the caveator was legally married to Lal Bahadur Singh. He died leaving behind him, his only son Amit Kumar Singh. The deceased had executed a Will on 11.10.1995 whereby he bequeathed all his properties, both moveable and immovable, to his son Amit Kumar Singh.

(2.) On the pleadings of the parties, six issues were framed on 2.4.1998 by this Court. The defendant filed an application for amendment of her written statement alleging that she had filed original suit No. 480 of 1997 on 9.5.1997. Lata Singh and Km. Vijai Shri Singh v. Sanyukt Sanchalak, Zila Vidyalaya Nideshalaya and Smt. Dhanpatia alias Smt. Lakshmi Devi for injunction in the Court of Civil Judge (Jr. Division) II Allahabad, restraining the defendant from receiving the emoluments of Late Lal Bahadur Singh and she further filed Succession Case No. 285 of 1997, Smt. Lata Singh v. Km. Vijai SM Singh and others on 10.5.1097 claiming succession certificate in the Court of Civil Judge (Jr. Division) II Allahabad and both the suits having been filed earlier in time than the Testamentary Suit filed by Smt. Lakshmi Devi and, as such, the present proceedings for grant of letters of administration to the plaintiff be stayed under Section 10 of the Code of Civil Procedure. This amendment application was allowed by this Court and following additional issue was framed :

(3.) I have heard Shri J. Nagar, learned counsel for the plaintiff and Sri Gopal Das Sinha, learned counsel for the defendant.