ANJALI MULLICK Vs. MRITYUNJOY DEY

JUDGEMENT

(1.) This application (G.A. No. 1881 of 2002) dated May 3rd, 2002 has been taken out by one Satyendra Nath Boral (hereinafter referred to as 'the applicant'). It has been filed in the Partition and Administration Suit (No. 706 of 1979) pending in this Court. The applicant prays for his addition in the suit as a party defendant. He makes an alternative prayer for leave to intervene in the pending suit.

(2.) The facts relevant for the purpose of disposal of this application are these. One Anjali Mullick as plaintiff filed the partition and administration suit in this Court in the year 1979. Seven persons were impleaded as defendants in it. In paragraph 19 (nineteen) of the plaint the plaintiff stated about the share of defendant 4 (Sm. Biva Boral) in the suit properties. On February 24th, 1980 defendant 4 filed her written statement. On August 31st 1991 defendant 4 executed and registered her Will. Applicant was appointed the sole executor. On December 5th, 1998 defendant 4 died. In 1999 the applicant filed an application (P.L.A. No. 97 of 1999) before this Court for grant of probate. On receipt of citation issued in such probate proceeding the plaintiff and some of the defendants of this suit lodged their caveats with supporting affidavits. The application was regarded as a contentious cause, and renumbered as Testamentary Suit No. 8 of 2000; it is pending decision. By letter dated July 5th, 2001 the applicant requested the plaintiff to take steps to substitute him in the suit for deceased defendant 4. By letter dated July 17th, 2001 the plaintiff informed her unwillingness to substitute the applicant on the ground that he is a rank outsider. In the circumstances the applicant has filed the present application for his addition in the suit as a party defendant.

(3.) The case of the applicant is that as the duly appointed executor of the last Will and testament of defendant 4 he is entitled to be added in the suit to represent the deceased defendant 4 and protect her interest in the suit properties.