GAUTAM SARUP Vs. ANAND SARUP AND OTHERS

JUDGEMENT

(1.) This is a civil revision and has been directed against the order dated 12.9.2001 passed by the Court of Civil Judge (Jr. Division), Ludhiana, who allowed the application of respondent No. 6 Smt. Leela Jetly and gave permission to her to place on record the written statement.

(2.) Some facts can be noticed in the following manner:-

(3.) Notice of the suit was given to the defendants, who contested the suit on the plea that deceased Shanti Sarup executed the Will dated 19.11.1992 and he also appointed Shri S.R. Wadhera, Advocate of Ludhiana as executor of the said Will. It is also the state of the contesting respondents that the Will dated 23.9.1999 which is unregistered, is a bogus document. It appears that during the pendency of the suit one written statement allegedly signed by Smt. Leela Jetly was placed on the record by Mr. M.P. Vasudeva, Advocate. It is also, the stand of respondent No. 6 Smt. Leela Jetley that she never engaged Mr. M.P. Vasudeva as an Advocate nor she signed any written statement to be filed in the Court. With that background she moved the application that she may be allowed to place on record the written statement and the earlier written statement allegedly given on her behalf by Mr. Vasudeva may be taken off from the record. Notice of the application was given to the plaintiff/petitioner, who contested the same. Vide impugned order dated 12.9.2001 the said application was allowed with the following observations:-