SUMITA CHATTERJEE Vs. MAITREYEE SINHA ROY & ANR

JUDGEMENT

(1.) Challenge is to the Order dated March 25, 2011 passed by the learned Civil Judge (Senior Division), 1 st Court, Barasat in Misc. Case No.301 of 2010 thereby rejecting an application under Order 1 Rule 10(2) of the Civil Procedure Code (henceforth shall be called CPC ) for transposition of the petitioner from the category of the petitioners to the category of the opposite party of the said Misc. Case.

(2.) The petitioner along with two others filed an application for obtaining Letters of Administration in respect of the properties left by deceased Pronab Kr. Sinha Roy and that application was converted into the Misc. Case No.301 of 2010. The petitioner contended, inter alia, that Pronab Kr. Sinha Roy, since deceased, was the owner of the properties mentioned in the application and that she was an attesting witness to the said Will. She put her signature on the application for Letter of Administration believing that her father had executed the Will in question. Subsequently, she realized that the Will was not genuine and as such, she prayed for transposition from the category of petitioners to the category of the opposite party in the said Misc. Case and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.