SUKHVERSHA Vs. BAWA JUNG BAHADUR

JUDGEMENT

(1.) Challenging the judgment passed by the First Appellate Court, which had affirmed the judgment and decree passed by the Court of original jurisdiction, which in turn had declared Will Ext. DW-1/A as fraudulent, illegal, void abinitio and had granted a permanent prohibitory injunction in favor of the plaintiff-respondent, restraining the defendant-appellant from taking any benefit of the Will, the Appellant had come up before this Court by way of this Regular Second Appeal.

(2.) Smt. Manorma Rattan Singh, stepmother of the plaintiff, while engaging a lawyer for her, must have read Ralph Waldo Emerson, who had very rightly said, "The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartedly, that he can get you out of a scrape." Had she read this famous Spanish proverb, "It is better to be a mouse in a cat's mouth than a man in a lawyer's hand," she would have been cautious and most likely extremely reluctant in putting her signatures on blank papers in her lawyer's chamber.

(3.) Smt. Manorma Rattan Singh owned a substantial share in a vast prime drive-in property, right on the Mall Road, Shimla, just opposite to the famous Railway Board Building and adjacent to A.G. Post Office and just over the renowned Victory Tunnel, where the distance of Shimla reads proud 'Zero Mile".