GUNWANT KAUR Vs. KARAMJEET KAUR GREWAL AND ANOTHER

JUDGEMENT

(1.) GUNWANT Kaur defendant has filed this revision petition under Article 227 of the Constitution of India impugning order dated 17.9.2010, Annexure P/1 passed by the trial court thereby allowing application Annexure P/2 filed under Order 1 Rule 10 read with Order 6 Rule 17 of the Code of Civil Procedure (in short, CPC). Suit has been filed by respondent No. 1 Karamjeet Kaur Grewal as sole plaintiff against the petitioner Gunwant Kaur as sole defendant. The dispute relates to inheritance of Amarjit Singh since deceased -husband of the petitioner. Respondent No. 1 in the suit claimed herself to be adoptive mother of Amarjit Singh and therefore, her sole class -I heir and sought to disinherit the widow on the plea that she had murdered deceased Amarjit Singh.

(2.) APPLICATION Annexure P/2 under Order 1 Rule 10 and Order 6 Rule 17 CPC was moved jointly by both the respondents i.e. Karamjeet Kaur Grewal original sole plaintiff and her husband Sukhdev Singh alleging that the petitioner -defendant in her written statement had pleaded that Sukhdev Singh was unmarried at the time of alleged adoption of Amarjit Singh and got subsequently married with respondent No. 1 Karamjeet Kaur Grewal who would, therefore, become step mother of Amarjit Singh and would not be his heir. Respondents alleged that in that event, respondent No. 2 being adoptive father of Amarjit Singh would be his sole class -II legal heir. Consequently, impleadment of respondent No. 2 as plaintiff No. 2 and consequential alternative relief in favour of plaintiff No. 2 regarding inheritance of Amarjit Singh has been sought by making application Annexure P/2.

(3.) LEARNED trial court vide impugned order Annexure P/1 has allowed application Annexure P/2. Feeling aggrieved, the defendant has filed the instant revision petition.