JOGINDER PAL Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) Joginder Pal @ Joginder Nath son of late Panna Lal Diwan, has filed the present appeal and it has been directed against the judgment dated 5.4.1997, passed by the Addl. Sessions Judge, Gurdaspur, who accepted the appeal of the Indian Red Cross Society, Gurdaspur (hereinafter referred to 'the Society') and set aside the order dated 18.1.1997, passed by the Court of Civil Judge, Sr. Divn., Gurdaspur, who rejected the plaint of the Society under Order 7 Rule 11, CPC, by holding that the plaint does not disclose any cause of action.

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

(3.) This is a second bout of litigation. At the first instance, the Society filed a petition under Section 372 of the Indian Succession Act (hereinafter referred to as the Act) against general public and Joginder Pal and claimed the succession certificate with regard to the estate of Raj Mohni Rulia Ram d/o. Mohan Lal, who died on 27.4.1998 at Gurdaspur and according to the Society, the deceased executed a valid will dated 2.4.1985 in its favour vide which the deceased be-queathed her liquid assets along with immovable property in favour of the Society. Notice of the petition was given to the respondent and the general public. Joginder Pal contested that petition with a reply that Raj Mohni Rulia Ram had cancelled the will executed in favour of the Society. Rather, she executed another valid will dated 12.6.1987 in favour of the appellant, who happens to be the real cousin (brother of the deceased), The mother of Raj Mohni; namely, Leela Wanti and Panna Lai, father of the appellant were real brother and sister. Vide the said will dated 12.6.1987, the deceased bequeathed her entire property in his favour. She was in a sound disposing mind. On the basis of the said will, he is entitled to receive the liquid assets as well as the other estate of the deceased. Two issues were framed by the court: -