LAXMAN SINGH Vs. SURAJ KANWAR AND ANR.

JUDGEMENT

(1.) THE Defendant -petitioner (Laxman Singh), adopted son of Hukam Singh, has filed this revision petition against the order dated 20.11.2009 passed by learned trial court whereby the learned trial court allowed the application filed by the Plaintiff -respondent Smt. Suraj Kanwar D/o Smt. Rasal Kanwar and Sh. Hukam Singh, praying be transposed as Plaintiff in place of Smt. Rasal Kanwar, her mother, who died on 31.12.2007.

(2.) THE Plaintiff -applicant -Smt. Suraj Kanwar claimed that enthough she was on record as proforma -defendant in the said it filed by Smt. Rasal Kanwar for cancellation of adoption deed, by which, the said Hukam Singh is said to have adopted the Defendant -Laxman Singh, the right to sue continued with her as she had a registered Will dated 27.09.2002 executed by Smt. Rasal Kanwar (Original Plaintiff) in favour of her daughter, present Respondent plaintiff (Smt. Suraj Kanwar W/o Mahavir Singh).

(3.) HAVING heard learned Counsel for the parties and upon perusal of case laws cited at bar and after perusing the reasons given in the order impugned, this Court is satisfied that there is no error in the impugned order and the application under Order 22 Rule 3 Code of Civil Procedure filed by the applicant - Smt. Suraj Kanwar (plaintiff -respondent No. 1) has rightly been allowed by the learned trial court in the circumstances narrated in the said order. No interference is called for.