BRAJ KISHORE SINGH Vs. RAJA RAM PRASAD YADAV

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 30-8-2001, passed by the Munsif, Gopalganj, in Title Suit NO 423 of 1996 rejecting the petition filed by the petitioner under Order 1, Rule 10 of the Code of Civil Procedure (for short 'the Code') for being added as a party in place of the sole plaintiff-Banarasi Devi, who died on 13-7- 000 and allowing the substitution petition filed by opposite party No 3 Dhrubdeo Singh (husband of the deceased-plaintiff) and substituting him in her place

(2.) The factual matrix for disposal of the present revision application are the original plaintiff Banarasi Devi filed the suit before the Munsif, Gopalganj, for declaration of title and cencellation of exchange deed dated 3-1-1994 with respect to one and half dhurs of land bearing plot No 129, Khata No 2, Mauza Jangaliya in the district of Gopalganj She died on 13-7-2000 Oo 11-9-2000, the petitioner filed an application under Order 1, Rule 10 of the Code for being added as a party on the assertion that on 3-6-2000 she had executed a registered Will with regard to the suit land and other properties in his favour Her husband opposite party No 3Dhrubdeo Singh also filed an application under Order XXII, Rule 3 of the Code of his substitution in her place claiming to be the only surviving heir to represent her estate Shatrujeet Rai and Shambhu Nath Rai also filed a petition on 10-7-2001 for being added as party to the suit on the assertion that they are the sister's sons of Banarsi Devi and they are the legal representatives of her and they should be, accordingly, substituted

(3.) It is an admitted position that the suit property originally belonged to one Kamala Singh, father of the original plaintiff who died leaving behind his widow and three daughters namely, Rajbanshi Devi, Yadubanshi Devi and Banarasi Devi (plaintiff) It is also an admitted position that said Kamala Singh executed a deed of gift on 25-6-1963 gifting two khatas one dhur land, which includes the suit land in favour of Banarasi Devi