MITHLESH (SMT.) Vs. GAURAV AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed to assail the order passed by the Court of Civil Judge, Class I, Seonda, Distt. Datia, on 2.2.2017 allowing an application under Order 1, Rule 10 Civil Procedure Code to implead brothers of the deceased as respondents No.3 and 4 only on the ground that plaintiff has expressed no objection to such impleadment.

(2.) This petition has been filed by defendant No.1 before the trial Court on the ground that she is wife of Late Shri Sukhnandan Rajawat. There is a Will in favour of the plaintiff and defendant No.1. Suit has been filed by minor son of one of the persons, who has been sought to be impleaded as respondent, though his mother. In the suit, there is no such pleading as is mentioned in the application under Order 1, Rule 10 CPC. In the application under Order 1, Rule 10 Civil Procedure Code it is mentioned that since defendant No.1 was responsible for murder/suicide of her husband and was either murderer or abettor, she is not entitled to reap the benefits of the Will in terms of the provisions contained in Sec. 25 of the Hindu Succession Act, and therefore, for that half portion of the property which has been left by deceased Sukhnandan, applicants/respondents No.2 and 3 will be entitled being legal heirs of class I.

(3.) Learned counsel for the petitioner submits that such application is not maintainable and unless and until present petitioner is convicted by the Court of competent criminal jurisdiction, it cannot be presumed that petitioner is a murderer or abettor and in fact a conspiracy has been hatched by the applicants who had moved application under Order 1, Rule 10 Civil Procedure Code to deprive this widow of all the benefits in the estate of the deceased. Therefore, in view of such submissions, it is prayed that application under Order 1, Rule 10 Civil Procedure Code has been allowed on surmises and conjectures and with a purpose to deliberately defeat the interest of defendant No.1 i.e. the present petitioner and delay the proceedings so that defendant No.1/widow of deceased Sukhnandan Rajawat may not get any benefit and fruits arising out of the Will.