SAMINTA DEVI Vs. DILIP KUMAR

JUDGEMENT

(1.) This is an application filed under Article 227 of the Constitution of India. The petitioner, who is the defendant in a Probate Proceeding turned into a Title Suit, has questioned the legality of the order dated 5.11.2012 passed by learned Additional District Judge-IV, Patna City, in Title Suit No. 16 of 2011, which arises out of Probate Case No. 203 of 2010, whereby an application filed by the Respondent under Order XXII, Rule 3 of the Code of Civil Procedure (hereinafter referred to as 'the Code') has been allowed and he has been permitted to be substituted in place of deceased-plaintiff Ramashish Singh. Facts of the case are not much in dispute. One Bulkania Devi had a daughter, namely, Nankuri Devi who was married to Ramashish Singh (father of the Petitioner). Nankuri died during the life time of Bulkania Devi. Bulkania Devi is said to have executed a Will in favour of her son-in-law, the said Ramashish Singh. Ramashish Singh filed Probate Case No. 203/2010 for grant of probate certificate in respect of the estate of Bulkania Devi. This is to be noted that after the death of Nankuri Devi, Ramashish Singh had married one Sharda Devi. One of the daughters of Ramashish Singh, namely, Saminta Devi objected to grant of probate certificate and, accordingly, the Probate case was converted into Title Suit No. 16 of 2011. Ramashish Singh, during the pendency of the said Suit No. 16 of 2011 died on 4.7.2012, leaving behind his widow Sharda Devi and three daughters, namely, Saminta Devi, Kalawati Devi and Munni Devi alias Manni Devi. Saminta Devi is the petitioner in the present application. Dilip Kumar, the Respondent is the husband of Munni Devi alias Munna Devi.

(2.) After the death of Ramashish Singh, the said Dilip Kumar, husband of one of the daughters of Ramashish Singh filed a petition under Order XXII, Rule 3 of 'the Code' for his substitution in the said Title Suit on the basis of a registered Will dated 18.8.2011, said to have been executed by Ramashish Singh. The said registered Will pertains to the estate of Bulkania Devi which is the subject matter of the Will dated 2.7.1987 said to have been executed by Bulkania Devi in favour of Ramashish Singh.

(3.) The learned Court below allowed the said application filed under Order XXII, Rule 3 of 'the Code' treating him to be the legal representative of the deceased-plaintiff on the basis of registered deed of Will executed by the original Plaintiff, Ramashish Singh in favour of the Respondent, Dilip Kumar.