MANJU BHATTACHARYA Vs. GOPAL GHOSH

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against order No. 17 dated March 31, 2005 passed by the learned District Judge, Howrah in L.O.A. Case No. 20 of 2000 (hereafter the said case). By the said order, the learned Judge was pleased to allow an application under Order I Rule 10, Code of Civil Procedure (hereafter the Code) read with Section 151 thereof (hereafter the said application) filed by the opposite parties 1 to 4 herein and thereby directed their impleadment as additional opposite parties in the said case.

(2.) It appears from the impugned order that one Tulsibala Debi (since deceased) (hereafter the testatrix) was the owner of holding No. 13, Bhairab Ghatak Lane within P.S. Malipanchghora in the district of Howrah (hereafter the said property); that she had executed a will on March 23, 1982, duly registered, bequeathing the said property jointly in favour of Smt. Nirmala Bhattacharya (hereafter Nirmala) and Sri Balaram Bhattacharya (hereafter Balaram); that Nirmala and Balaram were appointed as joint executors; that the testatrix passed away on January 19, 1991; that Balaram too passed away on December 24, 1992; that the legal heirs of Balaram in the year 2000 instituted the said case for grant of letters of administration impleading Nirmala as opposite party and two others, viz. Smt. Sabitri Debi (hereafter Sabitri) and Smt. Lakshmi Debi (hereafter Lakshmi), as proforma opposite parties; that Nirmala upon receipt of summons entered appearance but subsequently passed away; that prior thereto, Nirmala had executed a will on June 7, 2004 whereby she bequeath her undivided half share in the said property in favour of the opposite parties 1 to 4 herein and appointed them as joint executors; that the opposite parties 1 to 4 herein were the legal representatives of Nirmala and she being an opposite party in the said case, the presence of the opposite parties 1 to 4 herein, who are stepping in her shoes, is necessary for proper adjudication of the said case.

(3.) It has been ascertained in course of hearing that while Balaram was the son and Sabitri and Lakshmi are the two daughters of the testatrix, Nirmala was the widow of Kanailal (since deceased), another son of the testatrix.