JAGMOHAN KAUR Vs. SURINDER SINGH TALAB

JUDGEMENT

(1.) THIS petition is directed against the order dated 6-10-1986 passed by the learned Sub Judge, 1st Class, Amritsar, whereby he dismissed an application under Order, 1 Rule 10 of the Code of Civil Procedure (for short 'the Code'), filed by the petitioner in a pending suit.

(2.) THE facts in brief are that Smt. Banarso died on 14-10-1983. She was survived by her husband Jai Ram Singh three sons namely, Surinder Singh, Jaswant Singh and Amarjit Singh and two daughters namely Jagmohan Kaur and Baljit Kaur. Jai Ram Singh died in the month of May, 1984 Amarjit Singh died on 8-2-1984 and he is survived by his daughter Manjit Kaur minor. Surinder Singh plaintiff- respondent No. 1 filed a suit on the strength of a will dated 22-11-1982 which was alleged to have been executed by Smt. Banario and claimed on the basis of the said will that he has solely and exclusively inherited her estate The other natural heirs of Smt. Banarso who had been impleaded as defendants to suit were proceeded against ex-parte and ultimately an ex -parte decree dated 10-8-1984 was passed in favour of respondent No. I.

(3.) IT is not in dispute that the other heirs of Smt. Banarso then filed an application for setting aside tire aforesaid ex-parte decree which is still pending decision before the Court which passed the decree. During the pendency of the said application, execution of the ex-parte decree has been stayed.