SHANKRI ALIAS SHANTI Vs. BIMLA DEVI & ORS.

JUDGEMENT

(1.) This revision petition under Sec. 115 of the Civil Procedure Code (hereafter referred to as 'the Code') is directed against the order dated 8.1.2001, passed by the learned Additional District Judge, Shimla, whereby the order dated 14.3.2000 passed by the learned Sub Judge (V), Shimla, dismissing the application of respondents 1 to 4 under Order 39 Rules 1 and 2 of the Code, has been set aside.

(2.) The admitted facts leading to the presentation of this petition are that respondents 1 to 4 filed a civil suit seeking declaration that the petitioner is not legally wedded wife of late Sh. Budhi Ram and for permanent prohibitory injunction restraining the respondents from releasing the pensionary benefits of late Sh. Budhi Ram in favour of petitioner. Alongwith the plaint, an application under Order 39 Rules 1 and 2 of the Code was filed. The claim of the respondents 1 and 4 is based on the allegations that the petitioner is not legally wedded wife of said Budhi Ram and, thus, not entitled to the pensionary benefits.

(3.) The petitioner contested the suit as also the application on the grounds that in fact she is the legally wedded wife of deceased Budhi Ram whereas the respondents 1 to 4 have no right, title and interest in the pensionary benefits of the said deceased and the claim of respondent No. 4 that she is legally wedded wife of Budhi Ram had been denied.