SURESH MODI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) A civil review application was filed by the petitioner, challenging the order, dated 4.10.2007, passed in Money Suit No. 4 of 2006 by Sub-Judge-V, Bhagalpur. A prayer to allow the petitioner to become an intervener in the Money Suit No. 4 of 2006 as well as to allow him to be impleaded as Defendant No. 7 has been rejected by the said order, though according to the petitioner, he was a necessary party to the suit and was deliberately left out in the proceeding by the plaintiff. The short background to the present case is that one late Sona Devi had opened a saving account, bearing Account No. 01190039825 in the State Bank of India, Main Branch at Bhagalpur. She operated the said account herself. Sona Devi had no issue. Petitioner was the person, who was taking care of her in old age, since her husband late Jagdish Modi pre-deceased her. After the death of her husband, she became the absolute owner of the property and she had absolute and exclusive right to deal with the same.

(2.) Out of love and affection as well as being happy with the service rendered by the petitioner, he started living in the house, standing over Khata No. 232, Khesra No. 1727, amounting to an area 0445 hectors, for last so many years.

(3.) During the lifetime of Sona Devi, she executed her last free-will in favour of the petitioner on 11.8.2003. She left behind all her properties, movable or immovable, including the deposit of money with any bank. Sona Devi died on 17.1.2004. The petitioner performed the Shradh ceremony as per Hindu rights and rituals.