AGGARWAL TEXTILES Vs. KUSUM LATA

JUDGEMENT

(1.) M/s. Aggarwal Tex tiles filed a suit for recovery of Rs. 52,925/- in the City Civil Court at Ahmedabad, against firm Raunak Ram Bir Chand and impleaded Bir Chand and his son Ramesh Chand partners of the firm. The suit was decreed.

(2.) WHEN the decree-holder took out execution, Kusum Lata filed an objection petition raising objection to the attachment of property on the ground that her father-in-law Bir Chand had bequeathed his petty sought to be sold in execution to her on the basis of a Will alleged to have been executed by Bir Chand, although her husband Ramesh Chand was one of the judgment-debtors, being partner of the. firm already a party to the suit. Besides Ramesh Chand Bir Chand had two more children, namely, Shiv Kumari and Kamia Dev. Since Bir Chand has died during the pendency of the proceedings in the main suit, the two daughters were also impleaded as legal representatives as Ramesh Chand was already a party to the suit.

(3.) ON the application of Kusum Lata, the executing Court has framed an issue about the genuiness of the Will and the decree-holder has come up in revision against the said order.