LAWS(P&H)-2011-9-339

URMILA DEVI Vs. RADHEY SHYAM AND OTHERS

Decided On September 20, 2011
URMILA DEVI Appellant
V/S
Radhey Shyam and others Respondents

JUDGEMENT

(1.) Urmila Devi has filed the instant revision petition under Article 227 of the Constitution of India impugning order dated 7.9.2011, Annexure P/1 passed by learned Additional Civil Judge (Senior Division), Mohindergarh thereby dismissing application Annexure P/2 moved by petitioner under Order 1 Rule 10 read with section 151 of the Code of Civil Procedure (in short, CPC) for becoming party to the suit which has been instituted by respondent no.1/plaintiff against respondent nos. 2 to 13/defendants.

(2.) In the suit, plaintiff has set up registered Will allegedly executed in his favour by Jadaw Devi mother of the petitioner and has challenged unregistered Will allegedly executed by Jadaw Devi in favour of defendants. The petitioner alleged that she is one of the natural heir of her mother Jadaw Devi and therefore, she is necessary party to the suit. The application of the petitioner has, however, been dismissed by the trial court necessitating the filing of the instant revision petition.

(3.) I have heard learned counsel for the petitioner and perused the case file.