ANURAGI DEVI Vs. HARIBANSH NARAIN SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal has been filed by plaintiff No. 1, Anuragi Devi, against the order, dated 17.7.1999, passed by Subordinate Judge, VII, Vaishali at Hajipur, in Partition Suit No. 126 of 1998, whereby the learned Subordinate Judge has ordered for the appointment of receiver. The prayer for appointment of the receiver had been made by plaintiff No. 2 Haribansh Narain Singh, who is respondent first party in the present appeal. Partition Suit No. 126 of 1998 had been filed by Anuragi Devi and Haribansh Narain Singh for partition of the property in suit.

(2.) IT was argued by the learned lawyer for the appellant that the petition for appointment of receiver had been filed by Haribansh Narain Singh the plaintiffs No. 2 whereas in the partition suit the appellant Anuragi Devi has also been named as a plaintiff along with Haribansh Narayan Singh. IT was submitted by the learned lawyer for the appellant that according to Haribansh Narain Singh himself so long Anuragi Devi is alive Haribansh Narain Singh has no right in her property. The contention of the learned lawyer for the appellant was that the will has not been probated and Haribansh Narain Singh has no right to seek partition on the basis of that will.

(3.) ACCORDING to the written statement of defendant Nos. 2 and 3, Ram Sagar Singh had died leaving behind his wife and four daughters who are alive. ACCORDING to these defendants, plaintiff No. 2, Haribansh Narain Singh, had obtained the thumb impression of plaintiff No. 1 Anuragi Devi on blank paper and had also obtained her thumb impression on the vakalatnama by playing fraud on her and plaintiff No. 2 Haribansh Narain Singh has filed the suit with bad intention. As Ram Sagar Singh had died leaving behind his wife and four daughters who are also his heirs and so Anuragi Devi is not entitled to half share in the property. The plaintiff No. 2 Haribansh Narain Singh is not entitled to the share of Anuragi Devi after her death.