SUKHWINDER SINGH Vs. PRITAM KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 25.01.2017 (Annexure P-1) passed by the Civil Judge (Senior Division), Faridkot, vide which, the application filed by the petitioner for setting aside ex-parte order dated 02.07.2015 and to implead him as necessary party in the main petition, has been dismissed.

(2.) Briefly, the facts of the case as made out in the present revision petition are that respondent No.1-Pritam Kaur filed an application for issuance of the Succession Certificate under Sec. 372 of the Indian Succession Act for collecting certain amount lying in saving schemes of Shiv Kaur wife of Sh. Bhagat Singh, who died on 28.03.2013. Two FDRs were also lying deposited with two Banks. Shiv Kaur was sister-in-law of respondent No.1-Pritam Kaur, who was not having any issue and her husband had already expired. The deceased was residing with Pritam Kaur at Patiala. Said Shiv Kaur executed a Will dated 28.10.2012 in favour of Pritam Kaur and on the basis of said Will, the application was moved for issuance of Succession Certificate. A publication was also made in local newspaper 'Chardhi Kalan' for the purpose of issuance of notice to general public. Subsequently, when petitioner-Sukhwinder Singh came to know about passing of ex-parte order, he moved an application for setting aside ex-parte order dated 007.2015 and to implead him as necessary party in the main petition stating therein that Shiv Kaur-deceased did not execute any Will as nobody was taking care of the deceased during her lifetime. It was also mentioned in the application that the Will alleged to be executed was forged and fabricated and her property is liable to be given to the State.

(3.) Reply to the application was filed by raising certain objections of maintainability of the application as well as delay in filing the application. The Civil Judge (Senior Division), Faridkot dismissed the application vide order dated 25.01.2017 on the ground that the application was time barred and the petitioner failed to show any concern with late Smt. Shiv Kaur or respondent No.1-Pritam Kaur. Said order dated 25.01.2017 is subject matter of challenge in the present revision petition.