SANTOSH KUMAR Vs. ESTATE OF ISHWAR DAYAL

JUDGEMENT

(1.) THE PRESENT FIRST APPEAL HAS BEEN FILED AGAINST JUDGMENT AND DECREE dtd. 5/4/2019 PASSED IN TITLE SUIT (PROBATE) NO. 01/1993 BYwhich the Probate Application of Respondent No. 5 herein has been allowed in respect of Will dtd. 5/10/1985 executed in her favour by late Ishwar Dayal.

(2.) In the instant First Appeal, Interlocutory Application No. 03/2020 has been filed by the partners of M/s Shrestha Aditya Construction for addition of their name as party respondents in the present appeal, inter alia, on the facts that Ishwar Dayal (Testator) executed a Will dtd. 5/10/1985 in favour of Respondent No.5, Meena Devi with respect to his entire movable and immovable properties and Meena Devi was also appointed as executor authorizing her to obtain probate from competent court. Meena Devi was executor as well as legatee under the Will dtd. 5/10/1985.

(3.) On 19/12/1988 the said testator died and after his death on 31/1/1989, Probate Case No. 13/1989 was filed by the legatee with respect to Schedule-1 properties. On the basis of objection filed by the appellant and one Munshi Rai (since deceased), the probate proceeding was registered as Title Suit No. 01/1993. Munshi Rai died during pendency of Title Suit No. 01/1993 and his name was deleted.