SARESHSINGH Vs. RAJA RAM SINGH

JUDGEMENT

(1.) -This revision application has been filed by the petitioners for setting aside order dated 9-8-1983 passed by the learned Subordinate Judge whereby he has rejected the petition filed on behalf of the petitioners for adding them as party-defendants upon the death of Most. Mantora Kuer, defendant No. 1.

(2.) The plaintiff filed a suit for declaration that the decree passed in T. S. No. 750 of 1970 was illegal, void and not binding upon the plaintiff The further relief sought for was that the deed of gift dated 23-6-1979 alleged to have been executed by father cf the plaintiff in favour of defendant No. 1 was illegal, void and not binding on the plaintiff.

(3.) During the pendency of the suit, defendant No. 1 died and after her death, the plaintiff and other defendants filed a compromise petition in the suit wherein the defendants accepted the claim of the plaintiff. The petitioners filed an application for adding them as party which application, in effect and substance, was an application for substitution. In the said application, it was stated that during her life time, defendant No. 1 executed a will on 15-6-1982 in favour of the petitioners. The prayer made on behalf of the petitioners was objected by the plaintiff and defendants and the court below by the impugned order rejected the prayer on the ground that the petitioners had not obtained any probate; as such, they could not be impleaded as party in view of the provisions of Section 213 of the Indian Succession Act, 1925 (hereinafter referred to as 'the Act'). Hence this revision application.